Toronto Goes To Court - Bryant and Kenk Trials Both Begin

 This week sees two high profile Toronto court cases come to light, both of interest to cyclists and citizens alike. Michael Bryant was to appear in court on December 7th to begin his trial proceedings that will determine his liability in the fatal car-bike accident that killed (cyclist) Darcy Sheppard back in August of this year. Delays in court proceedings were a result of Bryant's lawyer claiming she had not received full disclosure from Crown prosecutors until this point. This would have been the first time Bryant made a court appearance facing charges of criminal negligence causing death and dangerous driving causing death in a collision. The next court date is scheduled at Old City Hall on January 22nd at 2:15pm.

Bryant was elected as the Liberal MPP for St. Paul's riding in 1999 and won re-election in 2003 — becoming the province's youngest-ever attorney general at the time — and again in 2007. He also served as aboriginal affairs minister and minister of economic development. He remained an Ontario cabinet minister until May of this year when he stepped down to take the job as president and CEO of Invest Toronto, an arm's-length agency set up by the City of Toronto to promote investment. Until then he had been frequently mentioned as a possible successor to Premier Dalton McGuinty as leader of the province's Liberals. The case continues.

The second high profile case involves Igor Kenk, known bike shop owner and famed bicycle thief. The courts have decided that the remaining 2,000 plus unclaimed bikes found on the premises of Kenk maybe auctioned off by the Crown, with proceeds of the crime going to the province. Also on the block will be assorted bicycle parts, two Toyota pickup trucks and the Queen St. W. building that housed his bike repair shop. This settles a lawsuit with the Attorney General's ministry, and allows Kenk to keep 'some' of the money from the sale of the building. It's not quite clear what this civil settlement means, or how it will be managed.

It is estimated that the sale of all bikes would bring in a gross revenue of around $50,000 at auction, according to court documentation from the Crown. However, after all 'associated costs', the net proceeds would be closer to $10,000, the Crown states. The 50-year-old bike repairman and self-described recycler is in the Toronto (Don) Jail, awaiting trial on almost 80 theft and drug charges. He's also in the midst of an assault trial. A bail hearing on Kenk's criminal charges is tentatively set for this, with the Crown and defence already in talks about a possible plea deal.

It will be interesting to hear the outcomes of both of these cases, as the possible outcomes of lesser charges could be applied due to delay or lack of evidence by those individuals involved with each case who are responsible for delivering the information in a timely manner. It seems unfair that nearly 3,000 people have suffered losses resulting in unnecessary expenses to replace stolen bikes, and one individual has lost his life, yet those responsible may not be prosecuted to the full extent of the law as a result of our lax judicial system.

Some questions certainly remain to be answered, but will they be addressed before these two cases are fast-tracked through the courts via plea bargains with frustrated and impatient judges. Stay tuned.