[z-33]

Two men arrested in Maple Batalia homicide case (http://www.vancouversun.com/news/arrested+Maple+Batalia+homicide+case/7639401/story.html)

Two men have been arrested in connection with the homicide of Maple Batalia, a Surrey teenager gunned down last year as she was leaving Simon Fraser University.

Sgt. Jennifer Pound, a spokeswoman for the Integrated Homicide Investigation Team, said the two males are in custody and are facing murder charges.

Pound released few details on Saturday, but said a news conference will be held at 6 p.m. in Surrey to update the public on the case. Members of Batalia's family and Surrey Mayor Dianne Watts are also expected to attend.

The 19-year-old SFU student was shot to death about 1 a.m. on Sept. 28, 2011 as she left SFU's Surrey campus after an evening of studying with friends.

In December 2011, police seized a vehicle linked to the crime. The car, a 2011 white Dodge Charger, had been seen driving away from the scene, and was believed to be the suspect's vehicle.

At the time, police said they wanted to speak with two men who might have information about what happened the night Batalia was shot.

Batalia was a health sciences student and a part-time actress and model. She had hoped to become a doctor.

To honour Maple's memory, the Batalia family has instituted a bursary for women intending to study Health Sciences at SFU.



Read more: Two men arrested in Maple Batalia homicide case (http://www.vancouversun.com/news/arrested+Maple+Batalia+homicide+case/7639401/story.html#ixzz2DqiYbZSc)

[mmmk]

I remember hearing this incident on the news. I'm glad they caught the guys!

[Jason00S2000]

Was this a case of spurned love?

[GabAlmighty]

Was this a case of spurned love?

Believe so

[Graeme S]

News conference in 5 minutes; we'll find out shortly.

[nabs]

anywhere to stream the confreernce?

[shawnly1000]

Ex-boyfriend, Gary Dhaliwal and an accomplice after the fact were arrested/charged

[StylinRed]

the title is in err


2 people were arrested and they are suspects

innocent before/unless proven guilty remember




Gurjinder Singh (Gary) Dhaliwal and a 22-year-old associate have been charged in the Sept. 2011 slaying of Maple Batalia.

Dhaliwal had dated Batalia, but she broke it off with him because she didn’t like the path he was taking. He is now facing a first-degree murder charge, the Integrated Homicide Investigation Team announced Saturday.

The associate is charged with manslaughter and abetting after the fact. Both will appear in Surrey Provincial Court Monday.

Batalia’s sister Rosie said she is glad charges have been laid, but still desperately misses her sister.

Supt. Kevin Hackett, IHIT’s officer in charge, spoke of how hard investigators work, getting help from Surrey RCMP and colleagues at E Division’s major crime section.

Surrey’s Chief Supt. Bill Fordy, said he knew this day would come. He said it was particularly tragic that Batalais was gunned down at SFU where young people go to study and work towards their dreams.

http://postmediavancouversun.files.wordpress.com/2012/12/gary-dhaliwal.jpg
Gary Dhaliwal

http://blogs.vancouversun.com/2012/12/01/two-men-arrested-in-maple-batalias-murder-ihit/

[tmc22]

Ex-boyfriend, Gary Dhaliwal and an accomplice after the fact were arrested/charged

Dhaliwal charged with first degree murder, Bedi the accomplice is charged with manslaughter, accessory after the fact, and I think reckless discharge of a firearm.

[spyker]

First degree murder of a young woman,have fun spending 25+years in a federal prison in the PC unit you fucking POS.

[Stiig]

guy looks like a tool lmfao

[bing]

This is great news but the title is slightly misleading.

The accused were not caught and were suspects all along. The police just did not have enough evidence for Crown to charge them. In BC, QB, and NB, prosecutors have to approve the charges before they can be laid by police.

[twitchyzero]

accomplice was not named? Is he/she a minor?

Who goes and kills a girl after a break-up...I wonder if the story is much deeper than this or he's just fucked in the head.

[shawnly1000]

accomplice was not named? Is he/she a minor?

Who goes and kills a girl after a break-up...I wonder if the story is much deeper than this or he's just fucked in the head.

Accomplice named;

Gursimar Bedi, 22, is charged with manslaughter, accessory after the fact and use of a fiream.

[spyker]

Who goes and kills a girl after a break-up...I wonder if the story is much deeper than this or he's just fucked in the head.

Who kills a girl after break up? a fucking loser POS waste of life,that's who.

[FerrariEnzo]

WTF... the guy looks like her father!

[BaoTurbo]

Sad story. Thats all I know

[broken_arrow]

In BC, QB, and NB, prosecutors have to approve the charges before they can be laid by police.

Never heard of this before! I was under the impression that since the Criminal Code is a federal act, it applies unilaterally across Canada. I also thought that police lays charges on the spot and collects evidence (if there is evidence to collect). Prosecutors have to make sure that all the evidence obtained by the police is legitimate (aka obtained by non-oppressive or Charter infringing conduct). Failure to obtain evidence in a legitimate way will give rise to its exclusion under S. 24(2) of the Charter if admission of such evidence would put the administration of justice in disrepute.

Sorry, do not mean to take this thread off-topic or start anything. I am glad that justice was served on those guys. I am just trying to patch up some gaps in my knowledge of the criminal law and procedure, and would love to see the authority for the above stated information.

[kateean2]

This is great news but the title is slightly misleading.

[bing]

Sorry, do not mean to take this thread off-topic or start anything. I am glad that justice was served on those guys. I am just trying to patch up some gaps in my knowledge of the criminal law and procedure, and would love to see the authority for the above stated information.

"The current test should continue to apply—namely, that a charge should be laid where there are reasonable grounds to believe that an offence has been committed and, in jurisdictions with Crown pre-charge approval (British Columbia, New Brunswick and Quebec), when it is in the public interest to lay a charge" (Department of Justice Canada, 2004).

http://www.justice.gc.ca/eng/pi/fv-vf/pub/har/ch_e-hc_a.pdf

[Eatman]

that's some good police work right there.

[canali]

the rumour is bedi rolled on dhaliwal to get a lesser sentence....

both will no doubt be getting some fine beatings in prison and learning to become someone's 'bitch'.

[GLOW]

the title is in err


2 people were arrested and they are suspects

innocent before/unless proven guilty remember



if they are indeed guilty...i hope they like sandwiches

Cockmeat Sandwich - YouTube

[spyker]

the rumour is bedi rolled on dhaliwal to get a lesser sentence....

both will no doubt be getting some fine beatings in prison and learning to become someone's 'bitch'.

Getting off with just beatings and becoming a jailhouse hooker is getting off real good and considered extremely lucky for the crime they committed.

killing a young woman is most likely punishable by death in the prison system.

[broken_arrow]

"The current test should continue to apply—namely, that a charge should be laid where there are reasonable grounds to believe that an offence has been committed and, in jurisdictions with Crown pre-charge approval (British Columbia, New Brunswick and Quebec), when it is in the public interest to lay a charge" (Department of Justice Canada, 2004).

http://www.justice.gc.ca/eng/pi/fv-vf/pub/har/ch_e-hc_a.pdf

Thank you! Never heard of "the Crown's pre-charge approval" before!

[bing]

I was under the impression that since the Criminal Code is a federal act, it applies unilaterally across Canada.

It is a federal act and a codified collection of statutes as only the federal government has the power to create criminal law pursuant to s. 91 of the constitution (1867). Theoretically, the law should be applied uniformly across Canada, but there is so much dependency on the use of discretion by different criminal justice actors (police, prosecutors, judges, etc) for the system to function, I think you may find different kinds of crimes being targeted more often or charges being pursued depending on the locale. Sentences could also be slightly different.

I also thought that police lays charges on the spot and collects evidence (if there is evidence to collect). Prosecutors have to make sure that all the evidence obtained by the police is legitimate (aka obtained by non-oppressive or Charter infringing conduct). Failure to obtain evidence in a legitimate way will give rise to its exclusion under S. 24(2) of the Charter if admission of such evidence would put the administration of justice in disrepute.

I'm not 100% sure when police make their charging decisions in provinces without pre-charge approval and I cannot say for certain the degree of responsibility prosecutors have to make sure that all evidence obtained by police is legitimate (although they may be asked to advise on investigations and they do have a responsibility to disclose all the evidence to the accused so that they can make full answer and defense). I think greater responsibility lies on the judge and defense counsel. In this case, for a crime as serious as murder (s.469 offense) there will be a preliminary inquiry (to determine whether there is enough evidence to proceed to trial in the first place) and a 'voir dire' (trial within a trial) that has the function of determining the admissibility of evidence - these are just two examples of safeguards built into the system.

Manitoba Department of Justice | Prosecutions | The Criminal Case: Step by Step (http://www.gov.mb.ca/justice/prosecutions/stepbystep.html) This link gives you all the stages in the criminal process beginning at the investigation, prelim, .. appealing a verdict (missing voir dire though).

Also, when Charter infringing conduct is found, the applicant may apply for evidence to be excluded under s24(2):

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

The Court uses the test as set out in R. v. Grant (2009):
(1) seriousness of the Charter-infringing state conduct (admission may send the message the justice system condones serious state misconduct),
(2) the impact of the breach on the Charter-protected interests of the accused (admission may send the message that individual rights count for little), and
(3) society's interest in the adjudication of the case on its merits.

However, in some cases, even if the conduct is Charter infringing it does not necessarily mean the evidence will be automatically deemed inadmissible as "bringing the administration of justice into disrepute" may sometimes mean that not allowing the evidence would bring it into disrepute with the public. This is essentially a judgement call on the part of the judge who will consider:

A) whether the breach was inadvertent or minor or a result of willful or reckless or deliberate disregard for the Charter?
B) if the police were acting in good faith
C) extenuating circumstances

Disclaimer: take my reply for what it is worth as a qualified lawyer should have a way better understanding than me. I'm just a few classes shy of getting my BA in two majors, one of which happens to be in criminology and this is to the best of my understanding.

[Graeme S]

Thank you! Never heard of "the Crown's pre-charge approval" before!
That's kind of surprising. It was really highlighted in the media with the Stanley Cup riots, since the cops had shitloads of evidence, but had not laid charges--Crown Council always reviews evidence to ensure that they don't waste their own time laying charges and doing paperwork that'll just get them nowhere.

[canali]

what was insightful was mrs batalia's (the mother) comments today, noting how she was concerned for the victims' families.....from what i have read she and gary dhaliwal's mother used to hang and even travel together on shopping trips....

even if not true, what she insinuated is right: that the parents of the accused must be totally heartbroken too: to think that their kid actually was responsible for taking another's life...and that they'll be going to jail for 10-20 yrs ...and their hopes and dreams are never to be the same again....the loss and sadness that they must carry too.

despite a 'just' verdict being delivered, no one truly wins in these sort of horrible cases...sad all around.

[broken_arrow]

It is a federal act and a codified collection of statutes as only the federal government has the power to create criminal law pursuant to s. 91 of the constitution (1867). Theoretically, the law should be applied uniformly across Canada, but there is so much dependency on the use of discretion by different criminal justice actors (police, prosecutors, judges, etc) for the system to function, I think you may find different kinds of crimes being targeted more often or charges being pursued depending on the locale. Sentences could also be slightly different.



I'm not 100% sure when police make their charging decisions in provinces without pre-charge approval and I cannot say for certain the degree of responsibility prosecutors have to make sure that all evidence obtained by police is legitimate (although they may be asked to advise on investigations and they do have a responsibility to disclose all the evidence to the accused so that they can make full answer and defense). I think greater responsibility lies on the judge and defense counsel. In this case, for a crime as serious as murder (s.469 offense) there will be a preliminary inquiry (to determine whether there is enough evidence to proceed to trial in the first place) and a 'voir dire' (trial within a trial) that has the function of determining the admissibility of evidence - these are just two examples of safeguards built into the system.

Manitoba Department of Justice | Prosecutions | The Criminal Case: Step by Step (http://www.gov.mb.ca/justice/prosecutions/stepbystep.html) This link gives you all the stages in the criminal process beginning at the investigation, prelim, .. appealing a verdict (missing voir dire though).

Also, when Charter infringing conduct is found, the applicant may apply for evidence to be excluded under s24(2):

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

The Court uses the test as set out in R. v. Grant (2009):
(1) seriousness of the Charter-infringing state conduct (admission may send the message the justice system condones serious state misconduct),
(2) the impact of the breach on the Charter-protected interests of the accused (admission may send the message that individual rights count for little), and
(3) society's interest in the adjudication of the case on its merits.

However, in some cases, even if the conduct is Charter infringing it does not necessarily mean the evidence will be automatically deemed inadmissible as "bringing the administration of justice into disrepute" may sometimes mean that not allowing the evidence would bring it into disrepute with the public. This is essentially a judgement call on the part of the judge who will consider:

A) whether the breach was inadvertent or minor or a result of willful or reckless or deliberate disregard for the Charter?
B) if the police were acting in good faith
C) extenuating circumstances

Disclaimer: take my reply for what it is worth as a qualified lawyer should have a way better understanding than me. I'm just a few classes shy of getting my BA in two majors, one of which happens to be in criminology and this is to the best of my understanding.

Thanks my friend! I am from Ontario, so I never really heard of pre-charge approvals. I have an LLB from UK so criminal law down there is slightly different as well. I actually have to write a criminal law accreditation exam pretty soon, so I am trying to collect as much information as possible!:D

[bing]

Thanks my friend! I am from Ontario, so I never really heard of pre-charge approvals. I have an LLB from UK so criminal law down there is slightly different as well. I actually have to write a criminal law accreditation exam pretty soon, so I am trying to collect as much information as possible!:D

Glad I could help. I find that teaching also strengthens my own understanding. Very cool that you have an LLB - that's definitely one of the professional designations besides an MBA that I would want just for having one's sake.

Good luck on the exam.

[broken_arrow]

Glad I could help. I find that teaching also strengthens my own understanding. Very cool that you have an LLB - that's definitely one of the professional designations besides an MBA that I would want just for having one's sake.

Good luck on the exam.

Thanks a lot! I know A LOT of people who decided to get an LLB way down the road in their lives, so who knows, maybe you'll go for it after BA/MBA!

[mb_]

Batalia (http://vancouver.24hrs.ca/2012/12/03/bc-models-ex-to-plead-not-guilty-to-murder)


BC model's ex to plead not guilty to murder

The ex-boyfriend of slain Simon Fraser University student Maple Batalia is expected to plead not guilty to her murder, his lawyer said Monday.

Gurjinder Singh ‘Gary’ Dhaliwal, 20, is charged with first-degree murder. Co-accused Gursima Singh Bedi, 22, is charged with manslaughter and accessory after the fact.

Batalia, 19, an aspiring model and actress, was gunned down in the parking lot of the Surrey SFU campus on Sept. 28, 2011, about an hour past midnight.

Dhaliwal’s defence counsel, David Albert, said the judge has issued a no-contact order on his client. Dhaliwal won’t be allowed to call the Batalia family, one of her friends, nor the co-accused.

“Likely there will be a bail hearing, but that realistically won’t be until sometime in early January,” Albert said outside court on the first day his client appeared before a judge.

“It’s important to remember that one of the cornerstones of our judicial system is that men and women who find themselves in these issues, like Mr. Dhaliwal, are presumed innocent. It’s easy to lose sight of that given all the media attention.”

Bedi has yet to retain council, he added.

The case resumes in the morning on Dec. 17 at the B.C. Provincial Court in Surrey.

[canali]

i'd referenced in an earlier post about how maple's mom is also worried about the accused and his parents...seems the mothers were best friends...and she said gary was a ''good guy'' ...brief but sad interview...shows how some murder cases are very gray in tone, not so easily setup as blk and white with clear villains...again no one wins in these sorts of tragedies...obviously the guy went down the wrong road and did something out of character; and now many families will be torn apart because of it.
Global BC | Maple Batalia (http://www.globaltvbc.com/maple+batalias+mother+speaks/6442766690/story.html)

[DC5-S]

The guy is a coke head and was high when he did it. Has a rich family too from what I remember someone telling me. He's a fucking loser
Posted via RS Mobile

[StylinRed]

i'd referenced in an earlier post about how maple's mom is also worried about the accused and his parents...seems the mothers were best friends...and she said gary was a ''good guy'' ...brief but sad interview...shows how some murder cases are very gray in tone, not so easily setup as blk and white with clear villains...again no one wins in these sorts of tragedies...obviously the guy went down the wrong road and did something out of character; and now many families will be torn apart because of it.
Global BC | Maple Batalia (http://www.globaltvbc.com/maple+batalias+mother+speaks/6442766690/story.html)

are you trying to suggest that he's a good guy and just made a "mistake"?? cuz that's what it seems like... :suspicious:

[canali]

did you watch the video at all?

we all are so quick (and i'm usually one of them) to jump the gun and bring out the torches to 'hang 'em high' on murderers, or hit and run drunk drivers etc....

instead i'm using this story to just show the real tragedy behind it all, too, in things not being black and white
(edited: at least in the mom's point of view...but who knows)

....where and why did this gary ex boyfriend go off the rails and down the wrong road (even mrs batalia hinted at this, which is why her daughter maple broke off relations with him). it's not like he was always this way, she contends, yet he really blew it in the end...it's that part to me which feels this is a double tragedy eg, a person who was thought by some to be a good person but then went on to make a hugely wrong and immoral choice on so many levels, affecting so many people, shattering so many dreams and hopes. was it turning down the road of drugs (which are rumoured) that did it, along with a controlling personality? guess we'll find out as the case proceeds.

the tragedy is also with gary's parents, who, no doubt will feel they've failed in some major way...can you imagine the agony thinking your kid was behind a murder? how THAT would rip out your friggin' heart, that you really ''blew it'' as a parent?

are you trying to suggest that he's a good guy and just made a "mistake"?? cuz that's what it seems like... :suspicious:

[SoulCrusher]

^ you act like you knew him personally. My little cousin went to the same high school as this kid, they were a year a part. I spoke to my cousin at length about this kid and he said that everyone that knew him, knew that he was capable of doing something like this and was known as a fucked up kid. He was a trouble maker and apparently not out of character to comitt this sort of crime.
Posted via RS Mobile

[canali]

no i didn't know him...guess i was just touched by the mom's portrayal in the video
(and to be honest am thinking alot of all the parents on both sides...must be agony)
simply am going by mrs batalia's video and quote.

and what you mention might be valid, as gary may have had a dark side that maple's mom never knew
(often parents will ''like someone'' but not know the darker sides either...hell most of us, even
if we're pricks, feel a duty to be ''nice'' to most moms and show a decent side).

so it's good to always get more sides of a person's character.

guess more will unravel as things progress.

cases like these, where things aren't black and white as per conflicting assessments
of a person's character, and who then goes on to do a horrible act, are fascinating.

^ you act like you knew him personally. My little cousin went to the same high school as this kid, they were a year a part. I spoke to my cousin at length about this kid and he said that everyone that knew him, knew that he was capable of doing something like this and was known as a fucked up kid. He was a trouble maker and apparently not out of character to comitt this sort of crime.
Posted via RS Mobile