Tuesday, October 12, 2010

R v John Kelly - What's up with the John Kelly case in Calgary?

Reading the news reports one would get the impression that the John Kelly case has been before the courts with a finding of guilt. Inflammatory headlines of his guilt and he has only just been charged.

The information has been posted at www.albertajustice.ca/. Mr Kelly has been charged with five counts under the criminal code. For some reason the name(s) of the police officer(s) has been removed and replaced with (named sworn member). The Calgary police and the RCMP have no problem publishing Mr Kelly's name. I would think that this case may end up being a great embarrassment for the Calgary Police Service. I would like to see the names. Lots of time for embarrassment later.

I have notice that none of the news articles include Mr Kelly's website address and not one word about the missing money. Is Mr Kelly the only one concerned about this? A letter dated March 19, 2004 posted at http://www.minorsoccer.com/BuchananBarryMar19-04.pdf and http://www.minorsoccer.com/BuchananBarryAug31-04.pdf detail serious problems.

Mr Kelly is also saying that there is $421,080.00 missing from a ATM at the soccer centre. If this is true then why would Mr Kelly be having a problem with a police service investigating?

Police Chief Rick Hanson said:
"The lengthy ordeal and investigation took a toll on many officers who were named on the website"

RCMP Supt. Randy McGinnis said:
"What makes Kelly's site libellous, said McGinnis, are the false allegations made against two city homicide investigators."

"Kelly was also charged with obstructing a peace officer in the execution of his duty by interfering with potential witnesses in a homicide investigation.

A special prosecutor has been appointed and has been working with the RCMP investigators, who are handling the case so that it is kept at arm's length from the Calgary Police Service, officials said."

Kevin Brookwell, a spokesman for the Calgary Police Service, said people have a right to state their opinions about police, but there are limits to what they can say.

"You can't hide in cyberspace and make comments or allegations when they cross that line where they are starting to interfere with criminal investigations," Brookwell said.
"He had to be held accountable. That is where the line in the sand was drawn and that is where these charges are resulting from."

So the charges have nothing to do with Mr Kelly's former complaints about missing money or the RCMP and Calgary Police officers involved with the investigation or lack of a investigation, or the RCMP and Calgary Police Officers involved with the Calgary soccer centre or The Calgary Soccer Federation - The Bowness Community Association - The Rosscarrock Community Association.

As stated above the charges are because Mr Kelly started interfering with a ongoing criminal investigation. The information:

Count #5
Between the 1st day of June, A.D. 2008 and the 18th day of February, A.D. 2010, at or near Calgary, in the Province of Alberta, did willfully obstruct (named sworn member), a peace officer for the City of Calgary Police Service, in the execution of his duty, by interfering with potential witnesses, contrary to Section 129(a) of the Criminal Code of Canada.
If I am reading this right Mr Kelly was wilfully obstructing a Calgary police officer for a full twenty-one (21) months before he was charged.

The other counts are publishing defamatory libel and are dated the same. Between the 1st day of November, A.D. 2009 and the 4th day of September, A.D. 2010.

The other counts the wording is similar, count 1 and 2. "did publish defamatory libel" Section 300 of the Criminal Code of Canada.

Count 3 and 4: "did publish a defamatory libel" Section 301 of the Criminal Code of Canada

I have no idea why the names of the two city homicide investigators are not being published. Are they undercover? I am assuming that nothing else on Mr Kelly's site is under investigation apart from what he has said about these two homicide investigators.

Why not request that the names of these officers on the website be changed to (named sworn member). I am interested in reading what Mr Kelly has to say about the missing money and the cover-up.

A special prosecutor has been appointed. Who appointed this special prosecutor? Why is a special prosecutor needed? Is the specialty cover-up? Is a special judge going to be appointed?

There are going to be a lot more questions asked about this case.


Anonymous said...

I believe John Kelly's defense is based on his mental capacity, he is utilizing an insanity defense.

Can anyone confirm this?

Anonymous said...

Kelly blew it; he should have plead an cost-free information under Section 507 of the criminal code. If you have access to the quicklaw database, you would be surprised of the ineptness of Kelly's court actions. He must like being in court. There is no evidence of mental illness.

Anonymous said...

When is John Kelly being released from prison? I haven't heard much about this since he was sent to jail.

It is a shame he had to be locked up over this matter.

We need more people like John Kelly.