[Action-forum] Jane Scharf-Last Day of Bridge Trial
Jane Scharf
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P r e s s R e l e a s e For Immediate Release
Last Day of The Bridge Trial
The final day of court in the criminal mischief trial of Jane Scharf resumes Monday Nov 28, 05 at 10:00 am in courtroom 10, 161 Elgin St. Ottawa.
In 2003 during the Homeless Action Strike under the Terry Fox Bridge Scharf was arrested for obstruct police for failure to relinquish their protest sign, which read, "Welcome to the Ritz Under the Bridge." This charge followed a ticket for erecting a business sign without a license. The entire incident is captured on video tape and was submitted in court.
After the police removed Scharf from the protest they confiscated both signs and all the personal property of the homeless protesters and shut the protest done without cause.
Protest signs are exempt from business licenses. Therefore, Scharf should not have been given a ticket nor should police have tried to confiscate the sign or arrest her for refusing to relinquish the sign to them. Consequently, later that day while Scharf sat in jail the police changed her charge to obstruct the city cleaning. They claimed her actions of trying to stop the police from removing the sign obstructed the cleaning.
Scharf has pleaded not guilty and is agreeing that her right to expression and assembly has been violated by her arbitrary arrest and detention as well as by unlawful police dismantling of the protest. Now after more than 6 days of trail the only evidence brought against Scharf in court was by Ottawa police officer Sergeant Lamonth. However, Lamonth's testimony was not backed up by any other evidence and was subsequently contradicted by all the other officers, and the city Maintenance Supervisor and the Zambone driver who testified as well as the testimony of Scharf and two witness who were homeless at the time of Scharf's arrest as well as the evidence in the video tape.
Scharf says, "if the court finds me guilty by overlooking or misconstruing evidence of my innocence including witness statements and the video tape of the entire conflict and arrest over our protest sign I will most definitely appeal the decision. I did not obstruct the cleaning, and conducting this protest in support of the Homeless was the right thing to do in the interest of peace and equality. And in the end if there is no justice in the courts I will lose complete confidence in the legal system and I expect everyone who knows about this atrocity will have similar leanings."
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