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MISSISSAUGA --The case of the poison pothole poem

He hasn't denied writing the poem, and thereby making a death threat. His use of the pronoun 'we' doesn't need to mean anything...
 
Actually, the whole poem "doesn't need to mean anything..."

Hence the silliness of the proceedings.
 
A pothole never loomed so large

Great discussion on this, everyone. There are responses I'd like to make, especially to Observer Walt. But before I do, I want to post John Stewart's Blog entry, "A pothole never loomed so large".

I really respect Mr. Stewart and when I'm not sure of my own stand on an issue, I use his Big Picture thoughts to gauge and (sometimes) re-adjust my own.

John Stewart is a veteran reporter with The Mississauga News.

I'm going to take the liberty to add drawings to Mr. Stewart's words because I want to help you be there in his shoes. No, not Mr. Stewart's --Antonio Batista's shoes.

75 years old. Portuguese immigrant. Three years of schooling (age 7 to 10). Came to Canada April 1964. Resident of Toronto until 2001 (I think) --Mr. Batista just recently moved to Mississauga. Never been in trouble before.

Both Mr. Stewart and I were in that courtroom the entire time --except for me, briefly late Monday afternoon, when I couldn't take it anymore, busted out crying and had to bolt from the room. Mr. Stewart later informed me about what I'd missed (stuff to do with admissible evidence).

I think you're ready now.

John Stewart:

A pothole never loomed so large

Sorry about the blog hiatus, but for the past two days, I have been in Courtroom 105 at Davis Court in Brampton watching the best reality show in town.

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Courtroom 105 Davis Court, Brampton

At the close of proceedings yesterday, Mr. Justice James J. Keaney, defence attorney Clayton Ruby and crown counsel Jennifer Goulin exchanged comments about how much they had enjoyed the experience. Such pleasantries are often obligatory and perfunctory, but in this case, they seemed entirely genuine.

Would have been even more pleasurable if there hadn’t been such critical principles at stake.

It was, of course, the case of the pothole poet, Antonio Batista, who is charged with the very serious offence of uttering a death threat against Ward 9 Councillor Pat Saito.
The defence cast the piece as a comedy, with the big bad state bringing its full weight to bear on a 75-year-old immigrant with prostate cancer, who was so frustrated with the slow response of his councillor to his various communications that he sat down and wrote a satirical poem in the fine tradition of Jonathan Swift and Alexander Pope, writers the defendant had never heard of.

In fact, as we learned from his own mouth, Mr. Batista only learned what satire was when his famed criminal lawyer told him that would be the foundation of his defence.


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Antonio Batista

Ruby’s star witness was esteemed Professor Emeritus Dennis Duffy who has a long and distinguished history as both a student and professor at U of T since 1961. His testimony — which will only be put on the record if the judge agrees to admit it when he passes sentence in late July — was that Batista’s free verse called Parked Cars and Potholes in the City of Mississauga may have been rudimentary and unsophisticated but was in the long and honourable tradition of hurling brickbats at our leaders. That goes back to the days when Aristophanes first told the world what an airhead Socrates was.

Asked if Batista’s literary allusion to a giant pothole that would make a nice welcome mat for Saito’s body should be taken as a serious threat, Duffy replied, “I wouldn’t think so.” It’s almost like political cartooning where you take one person’s feature and exaggerate it to ridiculous lengths, the professor said.

Duffy said absence of satire is a sure sign of oligarchical tyranny and noted that tongue-in-cheek dissenters who posted criticism of the Stalinist regime literally risked their lives to do so.

“Would you agree with me that Ward 9 in Mississauga is not in the Soviet Union?” asked crown lawyer Goulin in a question during cross-examination that had a certain satirical intent of its own.

The trial was like watching a tough, magical football game where both teams play their best and the outcome comes down to the last second.

A video of the interview that Peel Regional Police Detective John Mans of 11 division did with Batista when he was arrested Feb. 2, 2006 was a microcosm of the trial itself. At one point Mans asks a very evasive Batista the same question that Mr. Justice Keaney must answer: is the man who wrote this poem just somebody who was frustrated and wanted to take a verbal shot at Saito or did he really want to hurt her?

Ruby’s case rested firmly on his excellent closing argument, in which he invoked the Charter and cited cases where acquittals have been granted for words that threaten death much more directly.

“Governments are accountable through elections and not the courts,” he said, quoting from an earlier judgment. “Litigation is a form of force and government must not silence its critics by force. We have to be careful to protect a citizen’s right to criticize in public.”

Goulin more than held her own against her famous counterpart, concentrating on the burden of proof required: that a “reasonable person” would find Batista’s remarks to be a threat. Resident Neil Lawrence — designated the “reasonable person” of the case by the crown, certainly found them so. When he read the poem Batista had posted on a community mail box, he immediately notified Saito’s office because of his alarm.

In arguing against admitting Duffy’s testimony, Goulin said, “if we need an expert to understand that (the poem) was satire, then the reasonable person test fails.”

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Neil Lawrence (reflection in glass) --the "reasonable person" employee of the City of Toronto --a parking control enforcement officer.

In her cross-examination of the defendant, Goulin was able to establish some important points. While Batista wrote, phoned and chased Saito and her staff for answers, he didn’t follow up in the same vociferous way to his unanswered letter to Mayor Hazel McCallion on many of the same issues. He testified that was because the mayor is 86-years-old and a very busy lady.

Batista did not know the name of the councillor who now represents him in Ward 10 either. In response to several of Goulin’s questions, he launched into a harangue about how Saito had failed to provide drinking fountains and washrooms in local parks, as they have in Toronto. His personal animosity to Saito was more than evident.

Most effectively though, Goulin simply read the offending words from the poem, which state that “We are going to dig a pothole about six feet and 3 feet wide and 5 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.”

Any reasonable person who read those words would have understood that they threatened death and would have been fearful, Goulin argued. Elected officials have the same right to be free of intimidation as anyone else.

Unfortunately for Batista, who has been in poor health, the judge’s decision was delayed for two months. The stress on him and his wife was clearly evident during the trial.
Even if he is convicted, it is highly unlikely that the crown will ask for jail time for Batista, and Saito has said that is the last thing that she wants.

Ruby has already indicated that if he does not get the acquittal he expects, he will appeal the ruling.

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Antonio Batista on testifying. Clayton Ruby asking a question.

For more on this topic (and to join discussions) please see John Stewart's Blog, Random Access and my own (see sig)

Signed,
The Mississauga Muse
ON THE WATCH TOWER
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Urban Shocker,

You wrote:

I doubt if this old fart had criminal intent, but you'd think he'd have learned in his 75 years that there are plenty of literal-minded people out there itching to take offence at something like this.

75 years old. My dad's 84. They're from a far different generation where a world war denied them of the education that you and I take for granted, Urban.

If you asked my Dad what "literal" meant in the context you used, or "satire" or "irony", I'm not sure he could tell you. But he does understand what the utterance "Shoot me now" means.

And he appreciates satire and especially irony even though he may not be able to give them names. I don't know. I'll have to ask.

You wrote:

The two sides deserve one-another

Urban, on the stand, Councillor Pat Saito admitted her staff don't always keep accurate "logs", admitted her staff was "swamped", admitted that the staff at Mr. Batista's time is no longer with her. Admitted mistakes were made. Admitted the time it took to get back to Mr. Batista was unacceptable. On and on.

Remember this in context with an organization fresh from crowing about being "The Best". Crowing its "Trust, Quality, Excellence". Crowing about its efficiency --even the Toronto Star proclaimed Peel Region as the most efficient municipality.

I submit there's a reason.

You can easily be efficient if you don't provide sufficient staff to address citizen concerns. The Corporation of the City of Mississauga for example has a Freedom of Information Coordinator.

"Coordinator" sounds like there's an entire department, right? No, there's only one person doing all the Freedom of Information requests. The FOI Coordinator, receives processes, researches then sends out all FOI requests.

Like she's IT for City of Mississauga Freedom of Information. One person for 700,000 residents.

I have video of Hazel McCallion saying her staff is swamped because of this new thing called email. Happy to toss it your way via this new thing called YouTube.

"Swamped"

Easy to be "efficient" when you understaff. Easy to be "efficient" when you know you can always "address" citizen concerns by bullying them. Easy to be "efficient" when you can glance at someone's letter, tell right away the level of education and then dismiss him as of no consequence.

Believe me, Mr. Antonio Batista (or any other "at risk" person) does not deserve Them.

Urban, you wrote:

and I see it as a spectator sport for the rest of us, hence my earlier comment about geriatric delinquents - though I doubt the recidivism rate will be all that high if he's convicted.

Urban, if you see this primarily as a spectator sport, so be it.

Just remember this --everyone at TO Forum. If what's happening to Mr. Batista is only a spectator sport --ask yourself how you'd react, had I or FutureMayor taken such offence to Doady's images of Mayor McCallion as Hitler peering over bodies in a pit that I sent it to her?

And Mayor McCallion was so outraged that she sent her Crack Legal team to hunt down "Doady" --like the schools hunted down the students who posted to FaceBook.

And then sued him.

Oh, Doady would get off on it. But at what cost --legal fees, stress? And then there'd be that message out there again. Yes, again, because other municipalities have used the courts to silence critics. (see Halton)

What was Doady's images except ridicule? Ridicule is satire. Particularly bitter --but still political satire. There's this "line" that the Crown Attorney talked about regarding "uttering of death threats and intimidation".

You take heed of "the line", Urban, in everything you write? Next question. Why are so many here posting under pseudonyms? Why am I getting emails now from people telling me their horror stories about their city halls?

Yes, unbelievably people are contacting me and telling me their horror City Hall stories. And this is Canada?!

Moving Forward (FutureMayor would like that bit of sarcasm)

There are some --like this City of Toronto municipal enforcement officer, Neil Lawrence surfin' around who would regard what Doady's McCallion-Hitler images as a form of "intimidation".

As in character assassination, right?

There are people out there who fear their city governments. I'm one of them for reasons I will one day reveal once all my Freedom of Information requests are done (late December.. who knows?)

Regarding fear of our own local governments.

At the trial, there was a man sitting behind me who introduced himself. He recognized me because of my orange jacket and red Canada cap (now more of less my "uniform")

He's from another GTA municipality and he told me whenever he goes into his city hall, he's "wired". I've been wired since September. Start inside my car and don't turn it off til the tape records my ignition fire up.

There's a reason.

I'm going to close by saying, I'm so grateful to Peel Regional Police --that 45 minute videotape of Mr. Batista's interrogation.

While the Crown focussed on "reasonable person" City of Toronto municipal enforcement officer, Neil Lawrence, there was another "reasonable person" weighing in.

Peel Regional Police officer, Ian McCall one of two officers conducting the videotaped interrogation. Once the officer heard about Mr. Batista's City Hall stonewalling and run-around experiences, McCall said:

"You are a frustrated taxpayer."

"You were shut out by City Hall."

"I see you as a victim."


As Clayton Ruby pointed out in his closing remarks and this is a quote:

"The officers understand this. Why is this difficult?"

Something else. Mr. Batista showed me his letter to Hazel McCallion. He's given me permission to post it --just haven't had the time yet.

People who write, spell like that? They signal to municipalities all over Ontario that they have limited English, limited education --no voice.

This isn't just a spectator sport.

This is also about how Immigrants are treated, Urban. Whether you're brand new into Mississauga or still have limited English and even after 40 years in this country.

While the Crown wants to paint Batista as grudging Saito, the reality is, his anger (still just below the surface) is about treatment of citizens.

Batista rightly concludes (as have I through my own experiences) that how he's treated, Mississauga treats others.

That's the source of his dark discontent. As is mine. My other discontentment is with the media. Surely if I know what's going on with city hall "efficiencies", so does The Media.

Signed,
The Mississauga Muse
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Muse, I think you may have made Forum history by being the first member to ever post artist's sketches from court!

Bravo!

42
 
Hi there,

interchange42

You wrote:

Muse, I think you may have made Forum history by being the first member to ever post artist's sketches from court!

Bravo!

42


And thanks to TO Forum for providing me with that freedom. That's why I love it here. Nothin' like this --out west.

I'll also be posting the first "On the Watch Tower" report from the Mississauga Civic Centre watch tower. I called the civic centre, The Big Yellow because I loa... anyway, have now spent hours up there on the watch tower and have grown to love the architecture of the civic centre.

And the watch tower is the best place to be. You can think up there.

"On the Watch Tower" is kind of like my answer to my hero, Edward R. Murrow's "See It Now". I'm forced to do it (attend meetings, read minutes, scour old minutes, fill in Freedom of Information requests all the while ever-so-careful not to do anything that They can toss up a "frivilous and vexatious" noise) because the traditional media --Never mind, I stopped watching traditional news broadcasts long ago except for The Daily Show (Jon Stewart)

Jon Stewart himself commented what a sad reflection it is that so many people look to his comedy show for NEWS.

As for print? The Internet --sources from all over the world.

And of course, here. I love it here.


Signed,
The Mississauga Muse
 
Any mention of the watchtower makes me think of either Jimi or the Jehovah's.

I hope that, if Batista is found guilty, he can do community service - filling in potholes or something to make it up to society - rather than being locked in the slammer and having the key thrown away. That would be unnecessarily cruel.
 

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