Toronto Star

Zameer case proves why trials matter

- ROSIE DIMANNO

There may be 1,001 good reasons for not granting bail.

But the case of Umar Zameer wasn’t one of them.

That much has become increasing­ly obvious as the first-degree murder trial for the Brampton accountant is unfolding.

We still don’t know why Superior Court Judge Jill Copeland made the highly unusual decision last September to release Zameer on bail pending this trial. That determinat­ion — the reasons for it — remain under a publicatio­n ban.

Copeland subsequent­ly ruled against allowing even a partial lifting when asked to do so in December by Zameer’s defence lawyer. What Nader Hasan told the court on that occasion: “It’s an applicatio­n being brought to protect, in essence to salvage, the fair trial rights of my client.”

There was urgent cause, Hasan contended, to adjust the narrative that had taken hold with the public about a man accused of killing a cop, a story arc, he said, based on disinforma­tion and lack of informatio­n that was playing out on unhinged social media. But also, with only slightly more restrained commentary, from elected officials and policing officials.

It goes against the grain of this journalist to chastise anybody for speaking on matters of deep public concern. Often I’ve envied how cops and other authoritie­s in the U.S. quickly disclose details in criminal events, before and after an individual has been charged. Americans have a different ethos, more transparen­t, with immediacy. In Canada, courts and cops cleave to the view that we should know as little as possible, to maintain the integrity of the investigat­ion, to protect the rights of an accused, to ensure a fair trial and to prevent tainting the jury pool.

These are righteous principles, but, in truth, with freewheeli­ng social media these days, it’s impossible to draw the curtain on facts, much less speculatio­n.

Within hours of Copeland releasing 31-year-old Zameer on a $335,000 surety with significan­t restrictio­ns, her decision was denounced by those who were indignant and perplexed that a man accused of killing a Toronto cop wasn’t kept behind bars.

Premier Doug Ford, then-mayor John Tory, Brampton Mayor Patrick Brown, then-chief of Toronto police James Ramer and the head of the police associatio­n really should have shut up.

Ford, on X, formerly Twitter: “This is beyond comprehens­ion,” he tweeted, after deleting an earlier tweet that convicted Zameer. “It’s completely unacceptab­le that the person charged for this heinous crime is now out on bail.”

Tory on X: “It is wrong and represents one more argument supporting my long-standing call for bail reform.”

Ramer, at a press conference shortly after the event, described the killing as “intentiona­l and deliberate.”

Brown on X: “This is disgusting. It is very disturbing that the person charged for this heinous crime is now out on bail.”

Toronto Police Associatio­n president Jon Reid told CP24 that it was “appalling that we have an individual that’s charged with first-degree murder, let alone the murder of a police officer, released on bail.”

Const. Jeffrey Northrup, a 31-year veteran cop, was killed on July 2, 2021, when he was struck by a vehicle in the parking garage beneath Nathan Phillips Square, as he was responding to a reported stabbing in the area. It is entirely understand­able that a shaken city grieved the death of a police officer in the line of duty. Northrup, father of three, was 55.

But clearly — or not so clearly because the routine bail publicatio­n ban is still in place — there were compelling reasons for Copeland to release Zameer. Many of the disputed circumstan­ces that underlie the event have already surfaced at the trial that began nine days ago. Zameer has pleaded not guilty.

The defence has outright accused witness officers, those who were there that night as events unfolded, of lying and colluding and cooking up evidence, presenting “a story you made up,” including the critical claim that Zameer’s BMW — with his eight-months-pregnant wife and their child inside — hit Northrup head-on as Zameer was attempting to flee. The only CCTV footage available, from a distant camera, is blurry and doesn’t confirm crucial details.

Before Superior Court Justice Anne Molloy, Hasan is arguing that it was a tragic accident, that Zameer was not aware he struck Northrup in a panic when confronted by two strangers, believing his family was under threat, not realizing Northrup, in plain clothes — as were other cops responding — was an officer.

While not knowing the thrust of Copeland’s bail approval — I’m not breaking any ban here — the wide divergence between defence and prosecutio­n narratives gives reasonable buttress to the bail decision.

Presumptio­n of innocence is at the heart of our justice system and, as the Supreme Court has repeatedly reminded, it is not appropriat­e to punish people with incarcerat­ion before an individual has been tried and convicted unless there are clear risks — such as fleeing the jurisdicti­on — that would mitigate against bail.

A finding of Zaheer’s guilt or innocence will be up to the jury. Where it always should have been.

 ?? ALEXANDRA NEWBOULD THE CANADIAN PRESS ?? From left, Umar Zameer, defence lawyers Alexandra Heine and Nader Hasan, and Crown attorney Karen Simone as Justice Anne Molloy and jury members look on in Zameer’s trial for first-degree murder in the death of Toronto police Const. Jeffrey Northrup. When Zameer was released on bail last year, the decision was widely denounced. But the trial evidence so far gives reasonable buttress to that decision, writes Rosie DiManno.
ALEXANDRA NEWBOULD THE CANADIAN PRESS From left, Umar Zameer, defence lawyers Alexandra Heine and Nader Hasan, and Crown attorney Karen Simone as Justice Anne Molloy and jury members look on in Zameer’s trial for first-degree murder in the death of Toronto police Const. Jeffrey Northrup. When Zameer was released on bail last year, the decision was widely denounced. But the trial evidence so far gives reasonable buttress to that decision, writes Rosie DiManno.
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