Umar Zameer and his lawyers walk away from the courthouse following his not guilty verdict in Toronto, on April 21.Christopher Katsarov/The Canadian Press
Umar Zameer was humble, emotional and dignified when he spoke to reporters after his acquittal on unjustified charges of murdering a Toronto policeman.
He expressed regret over the death of Jeffrey Northrup, a detective constable whom he struck with his car by accident after being confronted by undercover cops in a downtown parking garage. He gave profound thanks to his dedicated defence lawyers. He even thanked Canada, saying that the outcome of his trial showed that this was a country that would not allow an injustice to be done.
That was generous, because the Canada that emerged from this sorry affair was not a very just place at all. It was a Canada where a premier, a mayor and a police chief could all pass judgment on a man before he faced trial. It was a Canada where a police force angered over the death of a treasured colleague circled the wagons and tried to blame an innocent man. It was a Canada where Crown prosecutors neglected their duty and pressed ahead with charges they were told bluntly would not stand up in court.
Mr. Zameer was cleared only after enduring three years of agonized waiting and then a trial that should never have happened. That the jury reached the right verdict and that Mr. Zameer remains free is a relief but hardly a vindication of our system of justice. His unwarranted prosecution undermined faith in the fairness and impartiality of that system, making it appear a willing tool of the police and meek servant of bullying politicians. Though Mr. Zameer is keen to move on, the rest of us should be outraged on his behalf. What happened to him was a travesty.
It should have been clear from the start that this was a tragic accident, not a crime. Mr. Zameer was downtown celebrating Canada Day with his pregnant wife and two-year-old son. It was just after midnight when they got in their car to drive home. Police in plain clothes approached their car. Mr. Zameer says he thought he was being ambushed by criminals. Toronto is a place where carjackings happen all the time. That very night there had been a stabbing nearby and police were investigating. Panicked and fearing for the safety of his family, Mr. Zameer tried to get away and, in the confusion, struck and killed the officer.
Toronto police chief says he accepts verdict in Umar Zameer trial over officer’s death
Zameer acquittal demonstrates why politicians should keep quiet on bail, lawyer says
He told the police that it was all an awful mistake. He did not even realize that he had hit someone. What reason was there to doubt him, the father of a toddler, a man with no criminal record and no motive for running down a policeman?
As early as Mr. Zameer’s bail hearing, the judge told prosecutors that their case was weak. The idea that a man out for the night with his young family should decide to murder a policeman was “contrary to logic and common sense.” The Crown pressed ahead with a charge of murder in the first degree. Politicians ranted about Mr. Zameer being released on bail. Whether or not they applied any explicit pressure, their remarks left the impression that the authorities wanted Mr. Zameer’s head.
The prosecution seemed to think that as long as the police were insisting a crime had been committed they should put the case to trial and let the cards fall as they might. They should have used their powers of discretion and dropped the charges instead. With only a remote likelihood of conviction, they would have saved the system valuable time and spared Mr. Zameer and his family a world of torment.
The politicians seemed to think they needed to speak up on behalf of the police, who had lost one of their own. They should have held their tongues.
The presumption of innocence is the golden thread that runs through our whole system of justice. They made it sound as if they thought Mr. Zameer did not deserve that vital safeguard. They made it sound as if they had concluded he was already guilty. They trampled on the golden thread.
The police? The police seemed to think that someone should pay for their colleague’s death. They gave testimony that conflicted with expert evidence about what happened that terrible night. They did not seem to care that their account of an intentional killing made little sense.
Of all the official actors in this case, only the judges and the defence lawyers come out well. The judges warned the prosecutors to watch their step. The lawyers fought for Mr. Zameer with all their skill and passion. That is their job and they did it well. The rest did not appear even to know what their job was. That should be deeply worrying for all of us.
Marcus Gee