
The Georgia Straight asked retired B.C. judge Wallace G. Craig to offer his thoughts on the news that convicted serial killer Robert Pickton may not face a second trial, for which he faces 20 counts of first-degree murder. This is what Craig submitted.
ROBERT PICKTON will haunt us forever: the
ultimate spectre of a serial killer.
On December 9, 2007, a befuddled jury found Pickton guilty of second degree
murder in the serial killing of six street prostitutes. The judge imposed a
mandatory concurrent life sentence for each murder.
A humanoid being beyond the reach of criminal justice, Pickton cannot atone
for his maniacal violence to these young women of Skid Road and for
remainder of his life will be jailed in virtual isolation.
Devoid of common sense, Pickton has appealed his convictions. As expected
the Crown has cross-appealed, all the while holding open the prospect of
proceeding with the remaining 20 first-degree murder charges.
However on February 26 Attorney General Wallace Oppal revealed that the
remaining 20 charges will not be taken to trial if Pickton’s appeal is
dismissed. Oppal said his decision is in the public interest because no
further sentence can be achieved by virtue of further convictions…“Life
means life. It means natural life and he can’t get any further sentence.”
Oppal also stated “We can’t put a price on justice …we’re not going to say
to the victims that the costs are so prohibitive that we’re not going to
prosecute.”
Needless to say there was mixed response from the families of the 20 young
women and a predictable response from the NDP justice critic Mike Farnsworth
who called the decision “shocking and insensitive”.
It seems to me that Oppal made a correct decision based on an odd mixture of
pragmatism, principle and what he left unsaid. He seems to realize how plain
insensitive and cruel it would be to force another jury of twelve ordinary
citizens through the horror of Pickton’s barbarism.
I wonder if Oppal now thinks it was a tactical error to go to trial on only
6 charges all the while leaving the impression that the remaining 20 would
somehow remain relevant and bullet-proof against a challenge of double
jeopardy.
Looking back on the trial it seems that it went of the rails when the jury
was permitted to choose between first- and second-degree murder.
A serial killer seeks his victims one by one, sequentially and, unless
clearly insane, is engaged in the most evil of planned, sadistic and
deliberate first-degree murder. The jury was flat-out wrong in judging these
serial murders to have been second-degree and should never have been given
that opportunity. The jury should have been told that when each murder is
serially entwined it gives rise to only one conclusion, by rational
inference and common sense, that it is plain and simple first-degree murder.
Rather than calling for a trial of the remaining 20 counts of first-degree
murder the public should be demanding a formal inquiry into why Pickton was
able to so brazenly carry out his serial killing. What did successive mayors
and council members of Vancouver and chiefs of police know and do about the
missing women of Skid Road, mainly aboriginal girls? And did the RCMP know
of the spreading word of strange partying and goings-on at the Pickton pig
farm? Let us hear under oath why this malevolent vortex of our anarchic Skid
Road was allowed to swallow up the most defenceless of women. It verges on
malfeasance, and that alone cries out for a formal inquiry.
Mr. Oppal, the least you can do for the missing women of Skid Road is to
appoint an inquiry commissioner. Now!
Wallace Craig – wallace-gilby-craig@shaw.ca –
www.realjustice.ca
Craig was born and raised in Vancouver and presided over a criminal court in
the Downtown Eastside for 26 years. In 2003, he had a book published called
Short
Pants to Striped Trousers, The life and times of a Judge in Skid Road
Vancouver.
In December 2007, Straight.com reported that the office of the
police complaint commissioner is considering ordering an investigation into
the
Vancouver police department's handling of the cases of the missing women
from the Downtown Eastside.