BY KEITH LACEY
Sudbury?s Crown attorney?s office has filed the paperwork and now it?s up to the provincial Crown?s office to determine if it will file an appeal in a controversial case where a jury acquitted a Sudbury man facing numerous serious charges relating to a boating fatality on Ramsey Lake 30 months ago.
Len Walker, the lead prosecutor in the recent trial against Michael Christakos, said he?s filed his reasons an appeal should be filed to the provincial Crown?s office following the acquittal on all charges against Christakos two weeks ago.
?It?s in the system to be considered, but the final decision on whether to proceed with an appeal now lies with the director of Crown operations with the province,? said Walker.
After a high-profile four-week trial, an eight-man, four-woman jury acquitted Christakos on charges of impaired driving, blowing over the legal limit, dangerous driving and leaving the scene of an accident.
Three more serious charges, including impaired driving causing death and two counts of criminal negligence causing bodily harm, were withdrawn halfway through the trial when Walker admitted the Crown couldn?t prove beyond a reasonable doubt who was responsible for causing the accident which claimed the life of Samuele Pisani, 23.
Pisani was a passenger on a boat being driven by Christakos when it collided with another boat around 5 pm June 21, 2003 near Cooper?s Island on Ramsey Lake.
Walker wouldn?t divulge the grounds for his appeal, except to say he felt the Crown provided overwhelming evidence at trial to gain convictions against Christakos.
His office ?has been swamped? with phone calls from members of the public who followed the trial through the media, all of them questioning the verdict, said Walker.
The Pisani family also released a media statement last week urging the Crown to appeal the convictions.
?The public reaction and family?s reaction are part what?s considered in filing an appeal,? he said.
?Ultimately, the grounds for appeal have to be based on legal considerations.?
If the provincial Crown?s office does file an appeal, the case would have to be heard before three judges of the Ontario Court of Appeal.
If two of those three judges rule there is sufficient grounds for an appeal, the result would be a new trial before a new jury, said Walker.
?If the appeal is successful, the case would go to another jury once again,? he said.
The Pisani family?s letter stated ?It is beyond belief? Christakos was acquitted on all charges and urged an appeal.
?The public outcries of disgust...as proven by the many calls we have received, are enormous,? states the letter. ?Even though our lives will never be
full without Sam, we deserve some closure that could be realized by an appeal.
?Let the Canadian justice system that is so envied by many around the world work for us.?
Christakos did not take the stand in his own defence during the trial. He was represented by well-known Sudbury defence lawyer Berk Keaney.
