G20 Arrest for Weapons Charge Results in Acquittal

Update: previous posts – October 5, 2011 G20 Review by Toronto Police Services Board is Expected to Conclude by March, 2012, August 12, 2011 Toronto Deputy Police Chief Tony Warr Defends Actions of Police During G20 (June, 2010), July 29, 2011 Judge Rules that Man Arrested at G20 Should Have Been Provided Counsel, July 23, 2011 Twenty One (21) Month Sentence for Man Who Set G20 Police Vehicle Ablaze, July 22, 2011 G20 Investigator Wants Law to Ban Disguises After 17 Suspects Unidentified, July 21, 2011 Toronto Police Chief Blair’s Report on the G20 is Deferred, June 25, 2011 G20 Summit Toronto – First Anniversary (June 26 & 27, 2011), June 18, 2011 Harper Falls Short on Toronto Businesses’ G20 Claims, June 10, 2011 G20 – Final Public Hearing for the Toronto Police’s Civilian Review, June 10, 2011 G20 – Another Arrest, June 7, 2011 G20 Update – Who Assaulted Adam? Nooobody!, June 1, 2011 Ottawa Police Enjoy Their Share of the G20 Money Pie, McGuinty to Scrap the Secret G20 Law (1939 Public Works Protection Act), March 31, 2011 The “G20 Bump” Translates into a 60% Increase of Toronto Police Making the 2010 Sunshine List, March 19, 2011 Harper Screws Toronto’s Businesses, March 18, 2011 New G20 Lawsuits Launched Against Toronto Police Board, December 7, 2010 Ontario Umbudsman André Marin Delivers Report on G20 “Caught in the Act”, August 8, 2010 G20 Litigation, August 1, 2010 Damage$ Flowing from Charter Breaches

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Gary McCullough (pictured above) was acquitted of a weapons dangerous charge, laid in June 2010 during the G20, by Justice David Fairgrieve on October 26, 2011 after a lengthy criminal trial

A judge has acquitted a Haliburton man who was arrested with a loaded crossbow in his car’s roof carrier a few blocks from Toronto’s G20 security fence.

Justice David Fairgrieve found Gary McCullough not guilty of weapons dangerous Wednesday after a protracted trial.

“The offence that was charged . . . requires more than speculation that there was a possibility of an accidental discharge,” Fairgrieve said.

At the same time, the judge ordered the man, who has a history of mental illness, to enter into a three-year peace bond to ensure he continues to see a Whitby psychiatrist and has no access to weapons.

McCullough also agreed to forfeit his crossbow.

McCullough, 54, told reporters he was relieved at the acquittal and had endured an “incredibly slow” court process of more than a year.

He was arrested near Yonge St. and The Esplanade on June 24, 2010, just two days before world leaders met here.

Police unloaded the crossbow, a slingshot, propane canisters, chainsaw, knife, hatchet and other objects from his roof carrier.

Const. George Maxwell testified that McCullough told him he owned the crossbow in case he encountered a neighbour who had broken into his car at his Haliburton property.

McCullough testified that, on the contrary, the crossbow was for scaring off bears.

This summer, the judge ruled that police breached McCullough’s constitutional rights by questioning him without first giving him a chance to speak to a lawyer.

His trial lawyer, James Carlisle, had applied to have the statements McCullough made to police excluded on these grounds. The judge agreed.

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