I’ve been following the Braiden Rathy criminal trial so that you can see the justice system in operation. You need to understand just how broken it is. We need to fix it. As it exists today, crown tries to end every charge with a Plea Agreement.
It is supposed to be a Plea Agreement, not a Plea Bargain.
I believe that you, the members of the public, need to see how our justice system works to understand why criminals think BC is the best place in Canada to commit crime.A plea agreement the way they are handled in BC is a plea “bargain” for the criminal. The criminal gets all the breaks.
I want you to see the system at work from the commission of the crimes through the actual sentencing. Then you can be as frustrated with the courts and crown as the police must be. Also, think about it from the viewpoint of the victims and understand their frustration. Maybe that frustration level will stir you to action and get you talking to the media. I need your voice because right now I feel like a “voice in the wilderness”. So, here is Fentanyl, Braiden Rathy, Red Scorpions (Part 4).
Braiden Rathy appeared in court on Tuesday, September 22. Crown and defense agreed that he would be remanded in custody until Tuesday, October 20 at 9:30 A.M. At that time he is supposed to enter a “plea”. Before that plea is entered, his lawyer(s) will be working on a plea agreement with crown.
If you think about this for even a minute you realize that he is going to plead “Guilty”. What else is he to do facing twenty-two counts of burglary with witnesses stacked up against him and a house full of merchandise stolen from his crime spree?
So, why the delayed plea? Defense needs time to reach a plea agreement.
Supposedly, it is to give the defense time to study the evidence against him. I say, “supposedly” because we all know that anybody taking a high school law course could take one peek at the witness statements, the police files and the photographs and say, “Braiden, stick a fork in you, you are done”. This delay is not about time to study the evidence. It’s about “time in custody” and the extra credit one receives for those days spent in custody before any conviction. Such time is regularly calculated at a day and one half credit for each day in custody. This effectively lowers the actual amount of time he will serve for his crimes.
Trust me when I tell you that there will be more unnecessary delays so that Braiden Rathy can accumulate even more pre-sentencing time in custody.
Right now the victims eagerly await Rathy’s coming court date. They are looking forward to seeing him punished for the psychological rape of their families. They need to see Rathy in jail so theirs kids can sleep without a light on at night. They need to see Rathy in jail so they will not distrust every time there is a knock at their door. They need to see Rathy in jail so they will not be apprehensive every time they see a stranger or a strange car or truck in their neighborhood. They need the crown to hold firm against the defense.
In search of a plea agreement – bargain, the defense will say things similar to this:
- Braiden is remorseful for what he did. Of course he is remorseful. Everybody who gets caught is remorseful.
- Braiden wishes to apologize to the families. Of course he wishes to apologize to the families. What is he supposed do, stand in court and laugh at them? Should he display arrogance and then hope that the judge has mercy on him?
Braiden wishes to save your time and the court’s time by entering a plea and not contesting any of these charges. Again, of course he is going to enter a plea. The overtime and hard work of the RCMP built an unassailable case against him. Going to trial with this thing would just confirm to the judge exactly how much damage he did in the community.
- The unspoken message to Crown Counsel here is that it can put this thing to bed with no work if it will just climb aboard. Crown can get out easy if it ignores the needs of the families for justice. Of course it will also have to ignore the needs of the community for protection. Braden Rathy needs to receive a sentence commensurate with his many crimes and the needs of the public to know that a message is being sent to criminals).
This was not who Braiden is. If it is not who he is, then who committed the crimes? It’s called “owning up” and the best thing for Braiden right now is to suffer the consequences of his actions. It is the only way he will learn what life has, thus far, failed to teach him.
If it were not for the fentanyl, Braiden never would have done these things. I call that the “If, dog, rabbit” defense. If the dog hadn’t stopped to crap, the rabbit wouldn’t have won the race. Braiden does not have two personalities with one being a dope addict and the other being a philanthropist. He did the crimes and he did them knowing the consequences or else he would not have tried to hide them. The next thing we will hear is that if the Red Scorpions hadn’t been selling fentanyl, Rathy wouldn’t have gotten addicted.
Then the defense will make even more absurd arguments.
Braiden is now clean and thinking differently. Of course he is clean. He is in jail. Of course he is thinking differently. He is in jail and looking at spending more time there.
Braiden comes from a good family and has solid support. Is this the same “good family”, the father and mother of which are also charged with “Possession of Stolen Property” for their alleged part in encouraging Braiden Rathy’s crimes by relieving him of some of the stolen merchandise for which they had a use?
The French are known for their fries. The Americans are renown for their hot dogs. Is BC’s legacy to be our broken justice system?
You people need to be in court at 9:30 A.M. on October 20. Before then, you need to email and/or telephone Crown Counsel in Nanaimo. Let them know that the broom they have been given is for cleaning the streets. It is not for sweeping their crap under the carpet.