Opening Statements 03/05/2012 in MRT's Trial

[daisy.faithfull]

I do understand, Kitty. But it could be argued that sexual assault on a young child would involve control regardless of whether or not she was conscious. She would have no control under any conditions.

And then there are those who rape (the American word, not the Canadian) when their victims are under the influence of date rape drugs like Rohypnol. There is still control - only a slightly lesser element of sadism.

We still haven't heard evidence as to which of the two accused here committed the offence (and yes, I know which one was charged), nor has it been proven yet that the offence occurred. Until we hear what the Crown has to offer and after it is contested by the defence, we have only the opening statement. As Judge Heeney said, the statement is not evidence.

"He also cautioned them that the Crown's opening statement should not be taken as evidence."

http://www.huffingtonpost.ca/2012/03/05/michael-rafferty-tori-stafford-murder-trial_n_1320358.html

JMO

Is it a different word up there?

 

[daisy.faithfull]

I do understand, Kitty. But it could be argued that sexual assault on a young child would involve control regardless of whether or not she was conscious. She would have no control under any conditions.

And then there are those who rape (the American word, not the Canadian) when their victims are under the influence of date rape drugs like Rohypnol. There is still control - only a slightly lesser element of sadism.

We still haven't heard evidence as to which of the two accused here committed the offence (and yes, I know which one was charged), nor has it been proven yet that the offence occurred. Until we hear what the Crown has to offer and after it is contested by the defence, we have only the opening statement. As Judge Heeney said, the statement is not evidence.

"He also cautioned them that the Crown's opening statement should not be taken as evidence."

http://www.huffingtonpost.ca/2012/03/05/michael-rafferty-tori-stafford-murder-trial_n_1320358.html

JMO

From the above article:

"In the end it is not necessary or essential that you determine exactly who did what, for example which of the two delivered the hammer blows to the skull or who inflicted the trauma to Tori's body that lacerated her liver, broke her ribs," Gowdey said.

I'm still kinda puzzled about this. Wouldn't TLMc have said how this happened? Or are they saying who did what is irrelevant incase MRT's attorney's say that TLMc actually killed Tori?

 

[matou]

After police questioned him, Mr. Rafferty attempted to get rid of his car, Mr. Gowdey said. He also tried to switch cell phones and removed his car’s back seat, which has never been recovered.

Does this mean he only tried to get rid of the seat after he was questioned by police?

http://www.theglobeandmail.com/news...-blows-to-the-head-jury-hears/article2358818/

 

[maxfactor]

From the above article:


I'm still kinda puzzled about this. Wouldn't TLMc have said how this happened? Or are they saying who did what is irrelevant incase MRT's attorney's say that TLMc actually killed Tori?

I think they will wait for TLM to testify before they tell the details. Apparently there is still a ban on what she testified to.

 

[daisy.faithfull]

IIRC, the "pink" coat was seen before TLM's original arrest. She may have had time to dispose of it between the time of the crime and the day she was thrown in jail. Or ... MTR could have gone to pick it up and disposed of it for her.

I thought TLM dyed her hair to look less like the suspect in the video. This info came from the neighbours. If the receipt was found at MTR's house, maybe they bought it together. How strange, though, that he would still have it three months later. (There should have been no need for MTR to dye his hair and none of his friends reported him having done so.) I wonder if the receipt could have actually belonged to his mother. There should be a date on it. If the date is later than TLM's arrest, they can't tie it to her.

JMO

Maybe he bought it, didn't use it so it was still in the bag with the receipt??

ETA: Nevermind, matou cleared it up, I tried to delete this message but I don't know if it was done.

 

[maxfactor]

After police questioned him, Mr. Rafferty attempted to get rid of his car, Mr. Gowdey said. He also tried to switch cell phones and removed his car’s back seat, which has never been recovered.

Does this mean he only tried to get rid of the seat after he was questioned by police?

http://www.theglobeandmail.com/news...-blows-to-the-head-jury-hears/article2358818/

I find it interesting that he did all of those things after he was questioned. They should have witnesses that could testify to these things, his girlfriend for example, close friends and his Mom, you would think they would have wondered where his back seat went all of a sudden, especially if they knew he had been questioned. IMO an innocent man would not have found it necessary to do any of those things. But that's just MO.

 

[matou]

JMO but I think Rafferty would have just bought TLM a new coat and she wouldn't need to dye it any colour.

 

[maxfactor]

2:37

Twitter
RaffertyLFP:
Much of car had been painted over with matte black paint, some of the interior had been whitewashed, police tried to find missing back seat [via Twitter]

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19459396.html

 

[daisy.faithfull]

JMO but I think Rafferty would have just bought TLM a new coat and she wouldn't need to dye it any colour.

Dying that coat would have been a very messy process and a real PITA. Just basing that on my experiences attempting to dye stuff.

 

[matou]

Dying that coat would have been a very messy process and a real PITA. Just basing that on my experiences attempting to dye stuff.

Exactly.

 

[swedie]

Do family members get assigned seats?

Yes family were the first to be seated, then media and "if" there was any seating left, the general public. From what I understand the courtroom is very small seating only approximately sixty people. No worries family first. :heartluv: Don't think I'll be making the long journey to be turned away.

 

[antiquegirl]

Is it a different word up there?

Legally, in Canada, there is no such criminal charge as "rape". It was abolished in 1983 and replaced with "sexual assault", which covers a variety of sins.

"In 1983, Canada passed Bill C-127, which made changes to the laws of rape, attempted rape, and indecent assault. The new legislation defined sexual assault according to three levels that include acts such as unwanted sexual touching to violent physical harm to the victim."

1. Sexual assault (level 1) ? involves minor physical injuries or no injuries to the victim. It carries a maximum sentence of 10 years imprisonment.

2. Sexual assault (level 2) ? involves sexual assault with a weapon, threats or causing bodily harm. It carries a maximum sentence of 14 years imprisonment.

3. Aggravated sexual assault (level 3) ? results in wounding, maiming, disfiguring or endangering the life of the victim. The maximum sentence for this offence is life imprisonment.

Prior to 1983, rape was considered to be "sexual penetration of a woman's vagina with a man's penis without the woman's consent, outside of marriage. Without penetration, a forced sexual act is not rape" (Schissel, 1996: 137). This legislation meant that a man could not be raped, and a husband could not rape his wife.

http://web.viu.ca/crim/sutton.htm

HTH

 

[daisy.faithfull]

Legally, in Canada, there is no such criminal charge as "rape". It was abolished in 1983 and replaced with "sexual assault", which covers a variety of sins.

"In 1983, Canada passed Bill C-127, which made changes to the laws of rape, attempted rape, and indecent assault. The new legislation defined sexual assault according to three levels that include acts such as unwanted sexual touching to violent physical harm to the victim."





http://web.viu.ca/crim/sutton.htm

HTH

That is really interesting, thank you!

 

[matou]

The girl was sexually assaulted. Before being struck in the head with a claw hammer, she was beaten so severely her liver was lacerated and ribs broken, he said.
.........snip

McClintic then put the hammer and bags in the trunk and the pair drove away. Rafferty knows the area well from working there and because he has family in the region, Gowdey said. They drove to a remote spot near Mount Forest, where Tori was raped and killed.

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html

 

[matou]

"Your task will be to decide whether they acted together when they picked up Tori . . ., whether they acted together when they . . . bought the garbage bags and the hammer, whether they acted together when they took to Tori to an isolated location where all of her clothing was removed but her T-shirt, whether they acted together to bring about the sexual assault of Tori, whether they acted together when Tori was killed, when she was placed in garbage bags and when heavy rocks were placed on top of her."

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html

 

[maxfactor]

The two adults drove Tori to Guelph, where Rafferty visited a friend and bought "a large number" of painkillers.

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html

I wonder if this was because he was a drug dealer or if this was TLM's pay for helping him that day.

 

[daisy.faithfull]

Its good that Tara wasn't in the courtroom to hear this. My heart goes out to Rodney, I can't even imagine how much strength it takes for him to hear this and remain seated.

 

[maxfactor]

The girl was sexually assaulted. Before being struck in the head with a claw hammer, she was beaten so severely her liver was lacerated and ribs broken, he said.
.........snip

McClintic then put the hammer and bags in the trunk and the pair drove away. Rafferty knows the area well from working there and because he has family in the region, Gowdey said. They drove to a remote spot near Mount Forest, where Tori was raped and killed.

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html

That just makes me sick. The poor little darling.

 

[greenthumb]

Police seized his vehicle and found evidence of Tori's blood on the rear passenger door moulding. Blood found on a Goodlife fitness bag inside the car was a mixture of Tori and Rafferty's blood.

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html

BBM

If, as many of us hope, Tori was drugged, why would Rafferty's blood be on the gym bag? Sadly, this fact makes me question if poor Tori may have been aware of what was happening at some point and fought him off and hurt him enough that he bled, too.

Could be he hurt himself somehow, I suppose. I hope so.

 

[daisy.faithfull]

http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html

I wonder if this was because he was a drug dealer or if this was TLM's pay for helping him that day.

That's an interesting point. But I don't know... if that were the case I'd think that her main role would have been to talk to Tori and get her to the car, she could have left after she was "paid". I tend to think that TLMc wasn't just there to help out and get paid.