Courtroom 230 juries aren't stupid!

Good Day Readers:

Today we spent time in Courtroom 230 tracking a Queen's Bench lawsuit brought by Mr. Randy Tymkin against two Winnipeg Police Service constables alleging false arrest - the Statement of Claim dates back to October of 1999. Almost 200 filings later a 7-day jury trial was held presided over by Justice Morris Kaufman. Please bear with us because we only became aware of this action a couple days ago so are flying by the seat of our pants on this one.

This morning Justice Kaufman provided the 6-member jury with a package that included instructions and, as we recall, approximately 15-questions to which there was either a simple "Yes" or "No" answer. He patiently took them through each one explaining what constituted a "Yes" versus a "No." A phrase he often repeated was, "based on the evidence you've heard use common sense in choosing a response."

Mr. Tymkin is seeking $500,000 in general damages and another $500,000 in punitive damages. For us the key question will be that last one where the jury indicates whether the Plaintiff is entitled to compensation. It so it is allowed to recommend an amount.

Apparently, the jury has completed its deliberations so counsel will be back in court to hear the results at which time presumably Justice Kaufman will render his decision. The Plaintiff is represented by Mr. Ian Histed of Douglas-King-Chapman fame while Mr. Michael Jack is acting on behalf of the Winnipeg Police Service. Again, a special thank you to Mr. Jack who spent a bit of time in his busy schedule after court today to patiently explain a couple points of law, as well as, legal procedure.

So, Readers, hopefully sometime Thursday we'll have a decision for you. While at the Law Courts, we plan to check out Courtroom 214 where 4-Stoney Mountain gang menbers are on trial for the murder of a fellow inmate. This is a re-trial involving 10 - yes 10 - lawyers representing the various Defendants and the Crown plus 6-"burly" sheriffs, a jury of 12 and what must by now be one increasingly frustrated Judge. It's a real circus!

Sincerely,
Clare L. Pieuk