National Post (National Edition)

SHESAID THAT, EVEN WITH THE ACQUITTAL, SHEWILL NEVER FEEL THE SAME.

- Postmedia News National Post cblatchfor­d@postmedia.com

Mr. Kendal respecting the suppressin­g and misstating of evidence deserves rebuke. It offends the court’s sense of decency and was a marked departure from conduct expected of an individual in Mr. Kendal’s position and an agency such as the CRA.”

The judge added the conduct of the CRA was highly blameworth­y as it engaged core values in society and the checks and balances that exist when invoking the power of the state against the individual.

“As noted earlier, the charges never should have proceeded given it was clear prior to charge approval that additional evidence was required to meet the charge approval standard,” said the judge. “Mr. Kendal knew that the necessary evidence was not available from (the company bookkeeper). The conduct of Mr. Kendal was reprehensi­ble. Evidence was concealed.”

The CRA employees “looked forward with unprofessi­onal glee” to an anticipate­d conviction and sentencing for the Samaroos and their “resulting ruination,” said Punnett. “It is appalling that the incarcerat­ion of the plaintiffs would be joked about,” he said.

Brian David Jones, acting as the ad hoc prosecutor, was named as a defendant in the case, but the judge dismissed the claims against him.

In awarding damages, the judge found the prosecutio­n had “irrevocabl­y” damaged the couple’s reputation and brought to an end their desire and ability to pursue further developmen­t and growth of their businesses.

“The plaintiffs are entitled to substantia­l compensati­on for their suffering with respect to their humiliatio­n, loss of self-confidence, loss of self-esteem, stress, damage to their reputation­s and the like, and the impact that has had on their business and personal lives.”

Helen Samaroo testified at trial that her life had been turned upside down by the charges. She felt that others now looked at her differentl­y and she felt embarrasse­d to go to the restaurant and visit with customers.

“She testified that the charges had a significan­t impact on her husband who became stressed and got quieter and quieter, and over time worked less and less and stopped socializin­g.”

Helen Samaroo also testified that after the acquittal, she had a breakdown and stayed in bed for six months, noted the judge.

“She said that, even with the acquittal, she will never feel the same again.”

The judge awarded $750,000 in punitive damages to the Samaroos and $300,000 to each of them for aggravated damages. The couple was also awarded $347,000 for legal fees. The total awarded to the couple comes to nearly $1.7 million. past three decades, Christians have denounced, vandalized or threatened the photograph or photograph­er.

After the Charlie Hebdo attacks in Paris three years ago, sparked by the satirical magazine republishi­ng the Danish cartoons of the Prophet Muhammad, the Associated Press removed an image of Piss Christ from its editorial archives.

Serrano wrote at that time, “We’ve seen the same impulse for self-censorship in the West before … Given the seriousnes­s of the violence, such self-censorship is understand­able; it’s also a step backward at a time when we need to reassert the importance of free expression by artists, activists, journalist­s and editors alike.”

Amin, as they say in Arabic.

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