Exposing FascismDescription of the actual incident and what transpired in court
OPP Professional Standards Bureau's "Bogus" Investigation
The first thing that should be noted here is that other than a chat on the phone with the investigating officer about a few minor changes to the letter I sent in, I never had a sit down interview to go over everything for a full detailed questioning as I stated (in the letter) that I was willing to do and was waiting for the call.
The Report (Viewable via this link)
On page 2 under Historical Background, investigating Detective Sergeant Joe Mauti points out the date of the incident being June 4 2004 and the date of the complaint being December 1 2005. The Summary of Complaint on page 1 states that the issue is about “Perjury”. This did not happen until January 5 2005. He points out this date again in the 2nd paragraph in the same section of the report titled Historical Background, but still does not make the connection that the complaint was logged just a few months (4 months and about 10 days) later then the 6 months allowed.
The main focal point of this investigation is Perjury, even though the officer was abusing his authority on June 14 2004 unjustifyingly handing out $290 in fines among other things. And again, there was a good reason for the delay in logging the complaint, I waited for an appeal on November 4 2005. He is making it look like I filed the complaint 10 and a half months past the acceptable time frame.
Even though I have counted 6 false statements made by OPP Constable MICHEL under oath (plus the time errors), the main focus should be the items that can be proven. The rest would be left to my word against his [and my witness']. There are 4 key items of proof that could be focused on, but never were.
1) The time errors on the tickets were never really addressed in a manner that it should have been. Have your mind picture this scenario: You are a police officer who just pulled over a civilian and he begins questioning you. A debate takes place and ends quickly - we'll leave it at that. You, the officer, go back to your cruiser and write up 3 tickets. It's almost 10:30pm and you are sitting in your vehicle with the interior lights on. You start writing up the first ticket and on it you write the time of 8:25pm. If this time were accurate, you wouldn't need your interior lights on because there would be plenty of light, as the sun hasn't set yet. You write another ticket a minute late and list the time at 8:25pm - you haven't clicked in yet? Another minute later, the same time of 8:25pm is written on the 3rd ticket - what are you thinking?
Hmmm you wouldn't be taking my only defense away from me are you? I was unable to find my vehicle papers when you asked for them in the minute time frame you gave me and you were unable to see my seatbelt (he didn't even give me the benefit of the doubt) because it was "too dark". This "must be accepted as evidence" of intent.
2) Take a look at this van, there is no way that you can state the color of the seatbelt through those tinted windows, even in the middle of a sunny day! And the officer is sticking to his story as stated in the investigative report - he identified the color of my seatbelt at night and through tinted windows with decals all over it. This is impossible and must be accepted as a "false statement under oath".
3) Another person witnesses the police officer instruct me to not bother providing proof of vehicle registration and insurance with the "intention" of giving me fines for them anyway. A "witness" -- another piece of evidence.
4) In all letters mailed out, I was "all more than willing" to submit to a polygraph test and challenged the officer in question to do the same "for further evidence" that I am 100% sure would support my case if there wasn't anymore corruption involved.
1) Unreasonable Search. Section 8 of the Canadian Charter of Rights and Freedoms titled Search and Seizures states: "Everyone has the right to be secure against unreasonable search and seizure." I gave the officer absolutely no reason to search me - I am a self-employed individual and decals advertising my business, website and phone number were covering my back window which stated the obvious.
2) On page 5, near the middle and under the section entitled Findings and Conclusions, when my opportunity came to cross examine the police officer regarding "his evidence", Det. Mauti pointed out my reply. That being, "No, I've heard his statement, I guess I can't, I don't." What he fails to point out in this matter is that I was representing myself with absolutely no experience in legal matters. And I would like to say that if could cross examine him right now, I'm 100% positive I could get him to commit perjury another half a dozen times.
3) Numerous questions were asked in my letter to the OPP Professional standards Bureau and Ontario Civilian Commission on Police Services and "not one" of my questions were answered.
The Report's Conclusion
The final paragraph on page 6 states: "As required by the criminal code, there is insufficent evidence to corroborate the allegations of Perjury made by Mr. CASSISTA. Furthermore, there is no evidence to indicate that Constable MICHEL intended to mislead the court or that he knowingly made a false statement. Therefore, based on the evidence available it is recommended that no criminal charges of Perjury be laid against Constable MICHEL."
There is no evidence??? I just identified 3 pieces and was offering another way to obtain some more in this "very serious" allegation that I am making. You be the judge! Look over the Investigation Report conducted by Detective Sergeant Joe Mauti [which was signed off by Superintendent Commander Ken R. MacDonald] both of the OPP Professional Standards Bureau. View all the links below and come back here and read this again if you haven't already looked over all of the documents supplied.
This matter originally began with the officer, but the real problem lies with the system. Police officers are getting away with criminal behavior on a regular basis because they know they can. A good honest cop will tell you the same thing! This can only move us closer and closer to fascism with all the events taking place in the world today. And the biggest casualty in all this would be Truth, is this not proof enough?
November 2005 Appeal
Response from Formal Complaint
Taking Action with Questions
The Response to My Questions
Final Phone Call They REFUSE to answer my questions. Click and Open Audio File