MISSISSAUGA --The case of the poison pothole poem

[The Mississauga Muse]

The case of the poison pothole poem starts Monday

Antonio Batista, 75, is accused of uttering a threat and intimidation because of a poem he wrote about Ward 9 councillor Pat Saito.

By: John Stewart

May 25, 2007 - A Mississauga senior citizen, whose poem about a city councillor landed him in trouble with the law, will be defended by famed criminal lawyer Clayton Ruby when his trial starts tomorrow in a Brampton courtroom.

Antonio Batista, 75, is accused of uttering a threat and intimidation because of a poem he wrote and posted in his Meadowvale neighbourhood in response to comments made by Ward 9 Councillor Pat Saito.

Batista was upset about comments Saito made in a Mississauga News story where she joked that potholes are a form of traffic-calming because they slow down speeders.

In a poem called “Parked Cars and Pot Holes in the City of Mississauga,” Batista wrote, in part, that, “We are going to dig a pothole about six feet long and three feet wide and five feet deep to hide her body and God will take care of Her Soul, but we cannot forgive her for doing nothing. She can keep running at a good pace but we will make sure that she is in heaven and out of the race. So please God take care of this soul for ever and ever.”

Saito referred the matter to Peel Regional Police and the crown attorney’s office laid charges last February.

To protest the charges, which they believe violates their right of free speech, Batista and his son Joe both ran unsuccessfully against Saito for the Ward 9 seat on council last November.

In an interview last fall, the accused said, “I don’t think I did anything wrong. I wrote it (the poem) to make her feel guilty.”

Saito told The News at the time that “the whole thing is unfortunate. I didn’t want to see him go to jail,” she said, “but I wanted him made aware that what he was doing was wrong. When you are in politics, this is the kind of thing you open yourself up to.”

The trial is scheduled to last two days.

I also prepared a video on this issue.
ON THE WATCH TOWER

 

[Hydrogen]

Thanks Mississauga Muse,

Both the story and the video were a riot (in a wholly non-violent sense, of course) - except for the part that its going to court.

That's just silly. Nothing more to say about it.

Will Batista lose his Mississauga citizenship? Oh, the horrors.

 

[Urban Shocker]

The "poem" doesn't scan. His worst crime is literary.

 

[The Mississauga Muse]

Mississauga --

Hey All,

Just thought I'd share another article --this one from the Toronto Sun's "Weird News" section.


"Peel senior in court over a poem
By SAM PAZZANO -- Sun Media

The message from Peel Regional Police to Antonio Batista is clear: Don't do the rhyme if you can't do the time.

The 75-year-old Mississauga resident is facing a criminal charge of threatening and intimidation against city councillor Pat Saito for his poem last year mocking her for being obsessed with filling potholes instead of solving other problems.

"We're going to build a pothole six-foot-long and five-foot-deep and three-foot-wide to hide her body inside," his poem stated. "And God will take of her soul. She can keep running at a good pace. We'll make sure she's in heaven and out of the race, so please God take this soul."

Lawyer Clayton Ruby said the poem is satirical, not criminal behaviour, and that's the defence he'll advance when the trial opens Monday at Brampton's provincial court.

Ruby said his client doesn't know Saito personally but is sharply critical of her performance on city council.

Batista is on bail with several strict terms, including conditions prohibiting him from communicating directly or indirectly with Saito and not to be within 500 metres of Mississauga City Hall.

"Prosecuting someone for satirical writing on a threatening charge is a farce," said Ruby.

University of Toronto English professor Dennis Duffy will be an expert witness for the defence, said Ruby."

 

[The Mississauga Muse]

MORE on MISSISSAUGA POETRY

Thanks Mississauga Muse,

Both the story and the video were a riot (in a wholly non-violent sense, of course) - except for the part that its going to court.

That's just silly. Nothing more to say about it.

Will Batista lose his Mississauga citizenship? Oh, the horrors.

The thing is, Batista and his family had to mortgage their house to cover legal expenses because of this poem. I don't believe for a moment that The Corporation of Mississauga cares if it wins or not.

It's sending the message, if you criticize us, we'll make it very costly to you. They'd be content just to lay down a Bill Chill here for citizens.

Just focussing on this part:

Saito told The News at the time that “the whole thing is unfortunate. I didn’t want to see him go to jail,” she said, “but I wanted him made aware that what he was doing was wrong. When you are in politics, this is the kind of thing you open yourself up to.”

When you are in politics, this is the kind of thing you open yourself up to.”

The reality is, this has nothing to do with politics but citizen frustration in being stonewalled, stonewalled some more, then told you're not being stonewalled and there was never any intention of The Corporation stonewalling because stonewalling is not condoned as a behaviour in their ummm... oh yes, their valuHAHAHAHAHA...ues. (I knew I couldn't type that word with a straight face)

 

[The Mississauga Muse]

Thanks Mississauga Muse,

Will Batista lose his Mississauga citizenship? Oh, the horrors.

I know you found it funny about losing Mississauga citizenship, but believe me, it happens. People are charged with various offences by Mississauga Corporate Security in their parks and facilities and are then banned.

No one knows how long the bans are. There is no complaints process for citizens --no oversight, no monitoring, no accountability or checks-in-place.

Believe me, if you've been banned for a decade from all facilities and property, why pay property taxes for amenities you're not allowed to use?

You bet people are forced to leave.

Batista at least has Clayton Ruby. I suspect that --never mind. I'm still at the research stage.

I hope people reading this might understand why the intensity of my "rant" elsewhere in this forum. yyzer called it a "rant" and it was.

Just howlin' at the moon out of frustration and contempt that my fellow citizens can be treated like this all the while The Province talks about increased accountability at the municipal level as the result of new amendments passed back in December.

Dunno, who's more contemptuous of citizens.

I'm going to the court tomorrow and Tuesday. At the very least I hope to pick up some tips from Clayton Ruby.

 

[The Mississauga Muse]

The "poem" doesn't scan. His worst crime is literary.

Agreed, Urban.

But the absolute worst literary crimes are embedded in municipal Corporate reports. And minutes of meetings.

Signed,
The (We'd be better off with Vogons) Mississauga Muse

 

[Observer Walt]

The guy is a nitwit, but is there any evidence that he is a threat? A poorly written poem doesn't constitute such evidence, IMO. The point has been made; these charges should now be dropped. It makes the justice system look foolish.

 

[The Mississauga Muse]

Hey there, Observer,

You wrote:

The guy is a nitwit, but is there any evidence that he is a threat? A poorly written poem doesn't constitute such evidence, IMO. The point has been made; these charges should now be dropped. It makes the justice system look foolish.

It's not just foolish, Observer. Appearing "foolish" is actually benign compared to what they really look like.

They are BULLIES.

The thing about treating people properly is when they make a mistake and you have to correct (discipline) them you try to play the lowest card necessary to make your point.

That's part of decency and fairness.

But then again, we're dealing with The Corporation of the City of Mississauga here...

Just found another article, this time from the National Post and with Pat Saito being interviewed.

"Pothole poet lands in court
'Satire,' lawyer says, not death threats against councillor
Joseph Brean, National Post
Published: Saturday, May 26, 2007

He first wrote to her about a tax dispute, but Ms. Saito's response was accidentally not mailed, which she believes he took as a snub, even after she apologized. That was in 2005, and things quickly got ugly. He became, as Ms. Saito put it, "irrationally angry," and wrote to every member of city council, criticizing Ms. Saito. He had fixated, she said, on a joke she made to a local newspaper reporter, that potholes are good for road safety because they force drivers to slow down.

Then, last February, a parking officer brought a copy of the poem into the office, and said there were maybe half a dozen more pasted to mailboxes and newspaper boxes in an area near Mr. Batista's home. Below the poem was a photocopied picture of Ms. Saito, with the caption, "Do you know her?" The poem was unsigned, but it seemed to match Mr. Batista's earlier letter.

"We recognized the typing, the typewriter. I felt like CSI, quite honestly," Ms. Saito said.

Confronted by police, Mr. Batista initially denied being the author, then allegedly admitted it was him. He was charged last February with uttering a death threat and intimidation, and given a restraining order to stay away from Ms. Saito and the rest of council.

Soon after, the poem started turning up in emails to politicians all across the country, some of who called Ms. Saito's office to ask what was going on. Then, last November, Mr. Batista allegedly broke his restraining order by going into City Hall to register as a candidate against Ms. Saito in local elections, with his son Joe as campaign manager. Soon after, his son entered the race as well. Both lost, and Ms. Saito was re-elected.

Mr. Batista, who is recovering from surgery, was unavailable for comment yesterday.

- - -

POTHOLE POETRY

Parked Cars and Potholes in the City of Mississauga

Pat pot, patch pot look here look there pat pot, patch pot there is a car parked here there is a car parked in there.

This kept a Good-looking old Lady away from her working place and by looking at potholes She thought about about doing nothing and winning the Race

There She marched back and forth one two, one two one two three four one two, three four one two, three four

But on Her way back to her working place She got lost on the fog and could not keep up with the running traffic and She lost the race.

When She got to Churchill Meadows She was out off the Race But She was too far behind in Her work, and without thinking

She backed up and without making Sure that it was safe to do so She provoked a big accident

Now this bad driver that We only know as Pat Saito who run away from that accident

site is going to think twice before backing up and looking at pot holes instead of doing Her job

We are going to dig a pothole about six feet long and three feet wide and five feet deep to hide her body and God will take care of Her Soul, but We can not forgive her for doing nothing

She can keep running at a good pace but We will make sure that She is in HEAVEN and out of the Race.

So please GOD take care of this SOUL for ever and EVER. --Antonio Batista

Jbrean@nationalpost.com


© National Post 2007

 

[Hydrogen]

I will never utter another alliteration when in Mississauga, lest it be misconstrued.

Not that it's a habit or anything.

 

[The Mississauga Muse]

Hydrogen

You wrote:

I will never utter another alliteration when in Mississauga, lest it be misconstrued.

Not that it's a habit or anything.

And, THAT, Hydrogen, means that Mississauga has already won. That's why The Corporation went after Batista.

The Message:

"You criticize us at your peril."

Hydrogen, no one's ever attended one of their Audit Committee meetings. No one's ever read one of the Audit Committee final reports. No one --where's the media?

The Corporation says they deliver Value for citizens -"quality" for the dollar. Yet, when you question that, you have to fill out a Freedom of Information request and get back, "We deny access to [name any contract] because of third party ya da ya da.."

They're forever claiming that 87% of Mississaugans are happy with... yet when I asked to see that survey with that 87%, access was denied for that too because of third party ya da ya da"

That's the reality, Hydrogen.

Zero accountability --and that's for any municipality in Ontario. It's been designed that way with the 2001 Municipal Act.

Now people won't notice now. But wait til the next time our economy turns south.

6:47. I better go to the courthouse and watch Democracy fighting for its life.

Signed,
The Mississauga Muse

 

[The Mississauga Muse]

Hydrogen,

I will never utter another alliteration when in Mississauga, lest it be misconstrued.

Not that it's a habit or anything.

Can't head out to Brampton now that you've buzzed "alliteration" into my head.

I'm trying to think of words beginning with the letter "e" to go with "evil empire"... So far, all I have is "egotistical" and of course, the first e-word that popped into my head.

E-coli.

(Hmmm... better take a pen with me. You know, in case Clayton Ruby tosses one out)

 

[doady]

The thing is, Batista and his family had to mortgage their house to cover legal expenses because of this poem. I don't believe for a moment that The Corporation of Mississauga cares if it wins or not.

Yeah, I suppose the Corporation of the City of Mississauga wouldn't care, considering it is not involved in this matter at all in any way.

It is funny that you make a big deal out of all this. It is almost as bad as the people making a big deal out of this poem. I think people in Mississauga have much more important things to worry about, like the City's racist policies, or the fact that Eve Adams is still in office...

 

[Observer Walt]

racist policies

How so, Doady? I'd like to hear more.

I will agree with you on the topic of Eve Adams, she's a disgrace.

 

[Hydrogen]

It is funny that you make a big deal out of all this. It is almost as bad as the people making a big deal out of this poem.

The trouble is the people who are making an issue out of the poem are whacking a guy over the head with the law. They have a right to protest his words, but proceeding this way is silly.

Mississauga Muse,

Sorry about preventing your trip out to Brampton. I hope you won't be suing for damages.

I never knew there were poetry police in Missy. Are there that many unhappy literature grads out there?