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Aug 6, 2019

Is A Judicial Review Likely in Case Against Trigger Happy Cop?

The likelihood of a judicial review challenging the charge that was brought against Corporal Martinez is also being explored by Musa’s colleague, attorney Anthony Sylvestre.  Together, they are looking at the possibility of gaining access to evidence found during the special investigation in order to argue that the charge of Manslaughter by Negligence should have been upgraded since the officer in question faces no jail time for his action.

 

Kareem Musa, Attorney for Major Family

Kareem Musa

“I am in discussion with Mr. Anthony Sylvestre who also works out of this law firm to see whether it would be possible to bring judicial review proceedings.  We have a window of three months within which to bring that action to challenge the charge that was made to say that manslaughter by negligence was not the appropriate charge.  Now automatically and right off the bat I have to say this because I don’t want to give false hope, it would mean that we have to get possession of the case file to see what is the police investigation and what they have uncovered in terms of eyewitnesses, in terms of whether or not Mr. Martinez gave a confession statement because perhaps he may have admitted to pulling the weapon but the vehicle bounced in a hole which caused his hand to fall or go higher.  I don’t want to speculate but no doubt we would have to get our hands on the police evidence in order to draw our conclusion and say that this is a case for judicial review, the evidence is clear that a charge of manslaughter or murder is to be put to Mr. Martinez.”


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