Supreme Court grants stay to Nicole Ryan – other side of the story

Posted: January 23, 2013 in Governments, Junkyard, Police State, Skanks
Tags: , , , ,

You may know Nicole Ryan as the woman who tried to hire a hitman for her husband. Luckily for the would be victim, the hitman turned out to be an undercover cop. Now the Supreme Court of Canada overturned the acquittal and decided that she will not have to face another trial. According to the National Post:

In an “exceptional” move, the Supreme Court of Canada on Friday overturned the acquittal of a woman who tried to hire a hitman to kill her abusive husband but said she will not have to face another trial.  All the judges said they did not accept the woman’s claim that she had acted under extreme duress when she attempted to take out a contract on her husband’s life. Such a defence can only be used in limited circumstances, the court said.  But a majority of judges ordered a rare stay of proceedings, saying that it would be unfair to put the woman through another trial.  “The abuse she suffered and the protracted nature of these proceeding(s) have taken an enormous toll on her,” the judges wrote.  “It is an exceptional situation that warrants an exceptional remedy.”

Of course there is also the demonization of the husband and an almost blind acceptance of her word. So much for the critical thinking ability of the mainstream media.

The judges also referred to the “disquieting” fact that the police had failed to respond to the woman’s several calls for help in dealing with her estranged husband’s “reign of terror.”

One dissenting judge, Morris Fish, said it should be up to the Crown to decide whether to hold another trial.

At a press conference in Halifax, Nicole Ryan, who will not have a criminal record, said she was “relieved” and hoped that she can “re-establish my life.” She has already gone back to teaching.

She choked back tears and uttered a single word when asked if she still feared for the life of her daughter.

“Yes.”

She hasn’t had contact with the girl in almost five years, ever since Michael Ryan took the child, now 12, in March 2008.

Ms. Ryan was charged in 2008 with counselling to commit murder after she approached an undercover RCMP officer and agreed to pay him $25,000 to kill her husband.

In court, Ms. Ryan claimed she had been under duress and acted out of fear for her life and her child’s life.

The abuse, she testified, was verbal and physical and lasted for many years.

He was a six-foot-three former soldier and 230 pounds. She was five-foot-three and 115 pounds.

On one occasion, he held a pistol to her head and called her a “weak soldier.”

When she brought up the subject of divorce, his response was that he would “destroy” her and their child, she said. Having tried on numerous occasions to get police to intervene, she said she did not believe police would be able to stop her husband from carrying out his threats.

It’s still not clear what would the next woman be able to do, to defend herself?

While two lower courts accepted the woman’s defence, Friday’s ruling made it clear that the duress defence can only be used in situations where a person commits a crime in response to a specific threat.

There has to be a threat of death or bodily harm and “no safe avenue of escape,” the Supreme Court said.

The ruling disappointed the interveners in the case — the Canadian Association of Elizabeth Fry Societies and the Women’s Legal Education and Action Fund — which had hoped the court would address the self-defence issue.

“We still have a lack of clarity about the law of self-defence,” said Kim Pate, executive director of the Fry society.

“It’s still not clear what would the next woman be able to do, to defend herself? Should she just be shot, herself? Should she be murdered and her child murdered with her?”

In order to provide some balance and fairness, here is Michael Ryan’s side of the story… directly from Mr. Ryan himself:

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Comments
  1. […] I already posted about the Ryan’s case before. […]

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