Thursday, October 27, 2011

judge has acquitted a Haliburton man who was arrested with a loaded crossbow in his car’s roof carrier a few blocks from Toronto’s G20 security fence.

judge has acquitted a Haliburton man who was arrested with a loaded crossbow in his car’s roof carrier a few blocks from Toronto’s G20 security fence.




Justice David Fairgrieve found Gary McCullough not guilty of weapons dangerous Wednesday after a protracted trial.



“The offence that was charged . . . requires more than speculation that there was a possibility of an accidental discharge,” Fairgrieve said.



At the same time, the judge ordered the man, who has a history of mental illness, to enter into a three-year peace bond to ensure he continues to see a Whitby psychiatrist and has no access to weapons.



McCullough also agreed to forfeit his crossbow.



McCullough, 54, told reporters he was relieved at the acquittal and had endured an “incredibly slow” court process of more than a year.



He was arrested near Yonge St. and The Esplanade on June 24, 2010, just two days before world leaders met here.



Police unloaded the crossbow, a slingshot, propane canisters, chainsaw, knife, hatchet and other objects from his roof carrier.



Const. George Maxwell testified that McCullough told him he owned the crossbow in case he encountered a neighbour who had broken into his car at his Haliburton property.



McCullough testified that, on the contrary, the crossbow was for scaring off bears.



This summer, the judge ruled that police breached McCullough’s constitutional rights by questioning him without first giving him a chance to speak to a lawyer.



His trial lawyer, James Carlisle, had applied to have the statements McCullough made to police excluded on these grounds. The judge agreed.