OTTAWA - The lawyer for a Vancouver man acquitted in a criminal case
said the ruling handed down Friday by the highest court in the country
after a seven year legal battle has set a precedent for businesses
making personal and corporate documents.
The Supreme Court of Canada rendered an acquittal of Mahmood Somani,
for making personal business cards, nearly seven years ago, at his
legally licensed business operations in Vancouver, B.C..
All nine high court justices agreed that a B.C. Court of Appeal
decision should be overturned and Somani should be acquitted.
The justices found Somani was not operating an illegal business, as
it was legally licensed by the City of Vancouver.
Ravi Hira, a prominent Vancouver lawyer, Queen's Counsel and former Law
Society of British Columbia bencher with a passive-aggressive Jekyll
and Hyde reputation who cheerfully goes for drinks with investigators
one day
and then discredits their reputations during aggressive
cross-examinations said the 2005 convictions
were overturned by the Supreme Court because the trial judge had erred
relying only on the false testimony of the investigating officer.
When
a person lies, he gets caught in his own web of lies. The details of
his story don't agree because they are all fabricated. The record shows
that there is not a single shred of evidence against my client of any
wrong doing. Mr. Hira, a highly skilled cross-examiner brought out more
than a
dozen inconsistencies in testimonies of the Crown's only key witness,
the lead investigating officer .
Since the acquittal, Somani has filed several multimillion-dollar
civil lawsuits against various government departments and officials for
wrongful conviction
Ottawa court reporter Suzanna Williams reported that Somani's
high-powered team of prominent defense lawyers filed a lawsuit against
the city of Vancouver, crown counsel, lead investigator and various
government bodies.
The fact is, like anyone whose guilt has not
been proven beyond a reasonable doubt, Somani is now subject to the
presumption of innocence. He is innocent in the eyes of the law, and
should be so regarded in the eyes of the community.
Certainly, the quashing of Somani's wrongful conviction and
acquittal is both welcome and long overdue.
The
Supreme Court of Canada uses a very strict definition of actual
innocence. Their rulings define actual innocence in two ways: First,
the accused did not
engage in the conduct for which he was convicted, nor did he
participate with others in the conduct. The second situation in which
there might be a claim of actual
innocence is a case of false accusation of the investigating body as
the
perpetrator of an offense. In this situation, here was no conduct
engaged in by the accused that violated the criminal laws. The Supreme
Court of Canadas decision to acquit Mr. Somani tempers the axiom
justice delayed is justice denied.
Ottawa News Journal 2007