Disclosure and improper radar manual

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jsherk
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Disclosure and improper radar manual

by: jsherk on
Wed Jun 08, 2016 4:26 pm

From disclosure, the officers notes state the serial number of the radar unit and that it was a Genesis II Directional.

Also in disclosure were two pages of the radar manual (Field Tests section) and across the top of these pages it says Genesis II Directional (Rev 02/05). So the test pages match the model given in officers notes.

I received the disclsoure 1 day before first trial, so asked for adjournment and it was granted. At trial I mentioned that I had asked for a copy of the entire manual but was told I would not get it. JP said I did not need, but suggested prosecutor could let me view it, and she said okay.

I showed up at prosecutors office, and they could not find a copy of this particular manual. The prosecutor at the trial was not there, but some other gentlman said he would contact the detachment and find out about the proper manual. I received an email from him and he said that whoever he talked to at the detachment said that particular serial number was a Genesis II Select Directional and not a Genesis II Directional.

Okay, so now comes the hard part...

How do I go about convincing a JP that there are some discrpencies with the model reported by the officer and the model reported by the detachment?
If the officer followed the testing procedure from a different model, then this is good reason to show that it may not have been working correctly since the proper testing procedure was not followed exactly per the manufacturers instructions.
+++ This is not legal advice, only my opinion +++




jsherk
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by: jsherk on
Wed Jun 08, 2016 5:07 pm

No it's not as the testing pages I got clearly say "Genesis II Directional Rev 02/05" at the top which is not the same as a "Genesis II Select Directional Rev 25/AUG/2010."

So they may similar, but they are not the same.
+++ This is not legal advice, only my opinion +++




rank
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by: rank on
Wed Jul 06, 2016 12:27 am

Why should you have to prove to the judge the manuals are different? JP said the crown could let you see IT. IT does not mean any manual. IT means the correct manual. The crown did not do what they were supposed to do.

I would move to dismiss. If the trial goes ahead then I appeal. At appeal, I ask for a copy of the manual again. I bet the crown withdraws before they give it.


argyll
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by: argyll on
Wed Jul 06, 2016 1:51 am

The bit of the manual you are after is the testing procedure, right ?

Perhaps there were no changes in the testing procedures between the manuals. If the changes were on other non-relevant stuff then crown could argue you received the information that you were looking for.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


jsherk
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by: jsherk on
Wed Jul 06, 2016 9:21 am

I requested the whole manual. Whether you agree or not that they should provide it, I believe they should provide the whole thing as the content of the manual is likely relevant to the use of the device.

INITIAL DISCLOSURE REQUEST THAT I SENT PROSECUTOR:
- A full copy of the entire manual for this speed measuring device. I require the full manual in order to properly prepare and cross-examine the officer on their knowledge, understanding, training and use of the device, as well as all other information about the device, including (but not limited to) installation, display unit, remote control, communication systems, operating the unit, modes and settings, performance, how radar works, interference, testing, care, cleaning, storage, specifications, legal requirements, and all other sections of the manual;

REQUEST I SENT AFTER THEY WERE UNABLE TO PROVIDE MANUAL FOR ME TO VIEW:
- As suggested, I booked a time on Wednesday June 8th at 1:00pm to come and view the radar manual at the prosecutions office at _____. After arriving, I was told that they could not locate a manual for that specific radar device (Genesis II Directional). The two pages from the manual provided in the original disclosure (Chapter 9 Field Tests) clearly state at the top of the page "Genesis II Directional", so this manual must exist somewhere. In order to properly prepare a defense and make full answer to the charge, access to this manual must be granted. I disagree with the fact that an officer can simply verbally testify that they have been properly trained to use the radar device, without providing any other proof. But if the courts are going to accept this simple verbal testimony as proof of training, then the defendant should be able to properly cross-examine the officer on their knowledge and use of the device. This cross-examination can only properly be performed by first having access to the proper manual. Justice is not done, nor does justice appear to be done, when the defendant is prevented from properly cross-examining a witness because access to the manual was withheld. I am again requesting a full copy of the entire manual for the Genesis II Directional radar device.
+++ This is not legal advice, only my opinion +++


argyll
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by: argyll on
Wed Jul 06, 2016 9:37 am

If the courts are willing to accept the verbal testimony then it would be up to you to locate and view a copy of the manual. There are many defence lawyers who have purchased their own radar units, intoxilysers etc to gain the knowledge that they feel they need to challenge charges.

If the manual was being submitted as evidence then it would need to be disclosed. But it isn't.

It's the same when people ask for training records of officers right back until they started as a rookie, maintenance records of police vehicles etc etc. It is a common ploy to try and use the shotgun approach and try to ask for anything and everything and then cry foul when everything is not forthcoming.

As we've discussed before it's the defendant's right to try and convince the judge that something is relevant but it is only the judge that can compel the crown to produce something.

That's my opinion - we disagree and that's ok.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


rank
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by: rank on
Wed Jul 06, 2016 7:56 pm

There is definitely info in the operator portion that is relevant and material to many speeding defendants. I successfully used some of the information to defend myself. The JP may allow the crown railroad the defense but I bet the appeal judge won't. And since the police and the crown will rather dismiss than have a appeal court ruling against them, in my view, they will withdraw.


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