Re: Wonders never cease - Svend Robinson "forced to re
The owner of the jewellery will not press charges, but it is still possible that Robinson may still face the music.
Apr. 16, 2004. 07:56*PM
Auction house forgives Svend Robinson's theft
Police knew the culprit before MP's teary press conference
BY BRUCE CHEADLE
CANADIAN PRESS
OTTAWA — A Toronto-area auction house says it's satisfied with disgraced MP Svend Robinson's apology for stealing an expensive ring and won't be pressing authorities to lay criminal charges.
Federal Auction Services Inc., of Brampton, Ont., also said today that it had provided RCMP with video evidence of the crime 48 hours before Robinson turned himself in.
"While our client has a zero-tolerance policy towards theft of any kind, FAS accepts Mr. Robinson's apology," a release from Federal Auction Services said.
"At this time, FAS is concerned with the return of or payment for the item taken and does not otherwise intend to pursue the matter. That being said, FAS will co-operate fully with any steps taken by law enforcement authorities."
The decision whether to charge the longtime NDP MP now lies with a special prosecutor appointed today.
Len Doust will make the final decision on charges, B.C. Crown spokesman Geoffrey Gaul said.
"In light of the circumstances and the individual involved there is a significant potential for real or perceived improper influence in the administration of criminal justice, including the charge assessment process," Gaul said.
"Consequently we have appointed an independent special prosecutor."
A special prosecutor was named when former B.C. premier Glen Clark was investigated for breach of trust. Clark was charged but found not guilty.
Robinson, 52, held an emotional news conference Thursday to announce he'd turned himself in to police and given them a stolen ring, following a tortured Easter weekend of self-examination.
The 25-year veteran of federal politics is taking a medical leave from his parliamentary duties after stealing the ring on Good Friday in a moment of "utter irrationality."
Robinson also sent a private letter of apology to Federal Auction Services on Tuesday - the same day he contacted the RCMP in Burnaby, B.C.
The company said it would not release Robinson's letter, adding its "sympathy and concern for him at what must be a very difficult and stressful time."
The theft was noticed immediately, the auction house said. After reviewing video surveillance, the auctioneers contacted RCMP in Richmond, B.C., who had the videotape by Sunday.
"In order to protect the integrity of its investigation, the RCMP requested FAS not communicate with Mr. Robinson or the media about this matter."
Some legal experts say criminal charges may never be laid.
Robinson's pre-emptive public confession, the returned jewelry, and Robinson's personal and professional humiliation are powerful mitigating circumstances for any Crown prosecutor examining the merits of the case.
"If Svend had come to me in my office and he had been charged with the offence, I probably would have recommended he do exactly the same thing," said Heather Perkins-McVey, an Ottawa defence lawyer and past chair of the criminal justice section of the Canadian Bar Association.
"And maybe he got good legal advice over the weekend. I don't know."
"If the auction house is not pushing for a charge to be laid, if they're satisfied with what he has done and his very public acknowledgement of it," she said, "that may be the end of it."
Robinson has retained Toronto lawyer Clayton Ruby to defend his interests, just in case.
Ruby, one of Canada's most accomplished defence lawyers, was hired by NDP MP Lorne Nystrom in 1990 for Nystrom's trial on charges of shoplifting contact lens cleaning tablets worth $7.79.
Nystrom was acquitted - but not before Ruby had introduced expert testimony including a commercial designer who described the lens cleaner packaging and a drugstore owner who talked about his experience with shoplifters.
Federal Auction Services refused to provide a value for the stolen ring or even a description. A spokesman would say only that it bore a round stone.
RCMP in Richmond say they're investigating a case of theft over $5,000.
One former Crown prosecutor, who didn't want to speak on the record, said the high value of the stolen jewelry doesn't work in Robinson's favour, nor does the widespread publicity.
But he agreed the reaction of the auction house will be a significant factor in the Crown's deliberations.
The executive director of a charitable service that helps people in trouble with the law says she's worried Robinson's public profile could influence whether charges are laid.
"My hope would be that the publicity around the event would not cause anybody to change their actual assessment of the harm done and the need to react," said Elizabeth White of the St. Leonard's Society of Canada.
"At the very least, it's a totally appropriate case for some kind of alternative, some kind of diversion process - because of the fact it's resolved already," by the voluntary return of the ring.
Robinson said Thursday he's been suffering "extreme stress and emotional pain" for some time - in part related to a hiking accident that took place in 1997 - and that he "looked forward to full healing and recovery."
Acts of petty criminality are not uncommon among people suffering from extreme stress or depression," said a psychiatry expert at the University of Toronto.
"They relieve their stress and anxiety or they get an instant lift from the depression by acting out in this way, and many of them do not get caught," said Dr. Mark Berber.
"There's lots of guys out there who have problems but because Svend is in the limelight, he gets targeted." Doctors try to find the underlying disorder that prompts the behaviour.
"These shoplifting episodes are usually impulsive and they are usually not a repetitive act," Berber said.
"And usually, as you saw with Svend, he was so overwhelmed and so burdened by the guilt and grief of the incident, that alone would prevent it from occurring again."
