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Dec4: Defence presents closing arguments in Montague case

News Archive Index
Source: Kenora Daily Miner and News
Link: http://www.kenoradailyminerandnews.com/...

By Garett Williams
Tuesday December 04, 2007

Closing statements in Bruce and Donna Montague’s criminal trial began Monday with defence attorney Doug Christie arguing the Crown created a criminal out of an honest man with technical, ridiculous and arbitrary charges.

He began his address by telling the jury they alone will determine the future of two “decent, honourable and honest people.” He reminded them that, whatever their decision, they will have a lifetime to think about it and sleep with it.

Christie reminded the jury the basis for convicting somebody lies in the Crown proving the law was broken with criminal intent, which he said didn’t happen. He cautioned them that a guilty verdict would put their stamp of approval on a regulation and licensing system that doesn’t work.

He addressed the two loaded rifles recovered in the first search of the Montagues’ home, which Donna Montague testified would normally be unloaded and stored in the basement when no one was home. However, she forgot to do it when she rushed out the day Bruce Montague was arrested.

The authorities “created a crime by creating an emergency,” Christie said.

“And we’re not supposed to get angry about that, well, I’m angry about that,” he added, slamming his fist onto his podium.

He questioned the credibility of the searches, saying every weapon removed from the hidden room in the basement, which he referred to as a secure vault, was carefully tagged and documented, but the money wasn’t. He attacked the tactics used to investigate Bruce Montague, including contacting his church, which Christie claimed resulted in the Montague family being ousted from their support network.

He said the evidence presented to the court failed to prove the Montagues were a threat to public peace, the basis for many of the charges.

He claimed the Crown paraded firearms and literature into the courtroom to prejudice the accused in the eyes of the jury, to invoke fear.

Christie called firearms laws oppressive, saying the case is really about power and the government wants it all, so it designed regulations to choke firearms out of the hands of citizens.

“The real tragedy for the freedom of our country is that freedom is reduced to the lowest common denominator, with the maximum oppression by the state.”

He told the jury they could give the Crown a great shock by proving juries aren’t intimidated by tonnes of guns and “scary” literature and that criminal intent is necessary to win a conviction.

The trial, which was scheduled to be wrapped up in two weeks, entered its fourth week with one less juror, who had to be excused to fulfill previous commitments.

Assistant Crown attorney Peter Keen is expected to wrap up his closing address this morning, setting the stage for Justice John Wright to make his charge to the jury before they are sequestered to a private room to determine the future of the Montagues.

Link: http://www.kenoradailyminerandnews.com/...


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