There has been a lot of speculation about whether someone who wasn’t a wholesome, white Canadian like Murphy would have been treated as leniently as him. That is NOT the point of this post though. The point is to itemise the abject failure of our legal system to prosecute some serious crimes that surround the whole affair.
The court also heard testimony from the teenager that he obtained the gunpowder by stealing bullets from his mother’s fiancé, an Alberta sheriff. It is not now known if the bullets were from the sheriff’s service weapon.
Alberta Justice said the sheriff did no wrong.
Err yes he did. He failed to secure his weapons and ammunition as required by the law. I had no problems when the RCMP took unsecured weapons and ammunition from High River and put them into safe keeping as the law requires. Consistency requires that I also insist that this law enforcement officer do likewise, especially in a non-emergency situation as this was. This Sheriff’s officer was negligent in his keeping of firearms and ammunition and his negligence nearly resulted in serious repercussions for all involved.
“The sheriff properly and lawfully stored his firearms and ammunition as per federal law and policies of the sheriff’s branch.”
If this happened, how did an unauthorised person gain access to the weapon(s) and ammunition without the Sheriff knowing? Was the gun safe broken into or did everyone have a key?
According to the court transcript, Murphy and a friend built the pipe bomb because they intended to blow up a shed for fun.
Making and possessing an explosive device without authorisation is a crime. and more so if one’s intent is blow up something.
81. (1) Every one commits an offence who
- (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;
- (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or
Both of which are punishable by sentences of Life or up to 14 years. And
82. (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
There was no lawful excuse for the making and possession of this bomb and shits and giggles doesn’t count. even the judge in this matter acknowledged the seriousness of the device.
“Pipe bombs are used to kill people, to destroy property, they are used in war, they are used by terrorists, they are used by individuals who are in conflict, and they are very successful at killing people,” the judge told Murphy.
And yet the prosecutor asked for what?
to impose a one-year, suspended sentence for Murphy’s guilty plea of being in possession of an explosive device,
So it appears that the Crown also decided that the law shouldn’t apply in this case as well.
Theft, making an explosive device, intending to damage property, negligent storage and handling of an explosive device (he made it and forgot where he kept it) and he gets $100 fine.
Then we have he criminality that lies behind the lack of training of Garda employees and the okay of central government and the security services to this papering over the cracks. Let’s face it the law and government talk a fine fight when it comes to counter terrorism but it doesn’t really want to do the work involved when it comes to the hard slog. It’d rather spy on e-mails and imprison minorities as public theatre and spend money on partisan EAP ads rather than invest in making folk genuinely safe.
Oh and don’t ask the legal cartel to care when one of their own is involved – looking after each other is the first and only priority if that happens.