Posted by Phil on January 21, 19100 at 22:41:30:
THIS IS A FICTIONAL STORY - IT NEVER HAPPENED, AND NEVER WILL.
Date : September 1/2000
Place Toronto Court House.
Reading of Preliminary Proceeding for Ontario vs. Mr. X Mr. Y Mr. Z and Ms Z. Case #555555-55555-555
Charge : Illegal Access to the Wreck Sligo in the Humber Harbour Section Blah, Subsection Yak Yak of the OCC.
Judge : What is the charge?
Crown : On or about July 7/2000 at 6:60 pm Mr. X Mr. Y Mr. Z and Ms. Z were caught diving on the protect wreck of the Sligo in the Humber Bay. At the time of the arrest, Officers A and B confiscated four set of scuba dive gear, one 19 foot Bayliner boat and trailer, two ground vehicles that the defendants used to arrive at the boat ramps. Equipment on the boat included an Oxygen system, GPS, fish finder, VHF Radio and other boating related gear.
Judge : What was the value of the property seized?
Crown : Umm... Approximately $60,000.
Judge : Hmm... Ok, Defense, how do your Clients plea? I assume that you are representing all?
Defense : That is correct. They plea not guilty.
Judge : Ok, well let's get started. Are there any motions that either side wish to present at this time?
Defense : Yes Your Honour. The Defense motions for dismissal.
Judge : On what grounds?
Defense : To put it simply, the Crown does not have a case against my clients.
Judge : Don't you think that is for a Trial Judge or Jury to decide?
Defense : No, Your Honour. It will become apparent that as the Crown presents his evidence that he can only prove that my clients were scuba diving in Humber Bay area.
Judge : Really? Let's cut to the chase then. Crown, what evidence do you have support the charges?
Crown : I have the eyewitness reports of Officer A and B that place the defendants on the waters of Humber Bay, in or about the location of the Sligo. The officers reported that they saw the defendants enter the water with their scuba gear on and descend below the surface. Approximately 32 minutes later the arresting officers saw the defendants surface and climb back aboard their vessel. After such time, the defendants made for the boat ramps where they were arrested and their property seized. Onboard their vessel they had a GPS and the current track information leads to and from the Sligo's position.
Judge : Well it appears to me that the Crown does have evidence that your clients were diving on the Sligo Mr. Defense.
Defense : No your Honour, he only has evidence that they were diving in the Area of the Sligo. My clients GPS, according to the owners manual, is only accurate to plus or minus 200 yards from the displayed reading. Also the arresting officers had not means positively fixing my clients' location while on they were on the water. Thirdly, the Crown has no evidence or eyewitness reports that place my clients "ON" the wreck of the Sligo while they were submerged. Lastly, the police didn't recover any artifacts from my client's boat that were from the Sligo, or from any other ship wreck, and the arresting officers did not report that my clients were throwing objects over the side. The only thing that the Crown can prove is that my clients were indeed scuba diving in the Humber Bay.
Judge : Does the Crown have any other evidence?
Crown : No Your Honour.
Judge : Was there a list of inventory for the Sligo wreck?
Crown : Not that we could find Your Honour.
Judge : So you can not even prove that the clients took artifacts from the sight?
Crown : We do have reports that shipwreck stripping has taken place on the Sligo on the past...
Judge : Does the Crown have any other evidence that pertains to these defendants and these charges?
Crown : No.
Judge : Case dismissed
Now I'm sure that a real court transcript would have lots of long words which the general public would not understand. I sure that I have the format incorrect as well (Hell I'm a freaking Engineer, not a lawyer). I'm just trying to illustrate that they unless they catch you underwater, on the wreck, they haven't got a case, period. No Crown is going to take that case to trial as there is no way to prove that a crime took place. Now if you are caught with artifacts on board your vessel, well…. I have no love for wreck strippers and you should get everything that the law has in store for you.
Phil