Nicole Kish convicted of 2nd degree murder
Justice was served.
Yet no one actually saw her do it
But it was her knife and that was enough for the judge.
The conviction of Nicole Kish, the young Toronto panhandler who got into an argument with a tourist who gave her lip outside a club, and in the resulting brawl between two male tourists and four panhandlers (who came to Kish’s aid), Kish’s knife was used, and Ross Hammond was killed.
It was tragic event all around, but the court decision is a very dangerous precedent for the future of justice in Ontario.
Not one of the twenty eye witnesses the prosecution brought forward saw Kish kill Hammond, or could testify against her.
But it was her knife, and that was enough for the judge. She was convicted of 2nd degree murder.
Maybe she did stab him. Maybe she didn’t.
That she had a knife, as a woman, living on the streets of Toronto, shouldn’t surprise anyone. (Unless you’ve been there, you don’t know what the hell you are talking about.)
But to convict her simply because she had a knife pushes the idea of guilty beyond its legal limits.
The onus must always remain on the prosecution to actually prove, beyond a reasonable doubt, that their accusations are true.
I don’t care if you think Kish was just a waste of space, as many people think panhandlers are. I don’t care if you assume she did it. That is beside the point.
That the prosecution could not prove that she did it – even when they brought forward 20 eye witnesses, but then have the judge convict anyway, is not the practice of law in a democracy.
A tragic incident, should not be followed up with a shameful decision.