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The soulless
Persecution of Antonio Batista

Index of articles;

More details from my election page;

The judge's Reasons for Judgment {or injustice},
regarding the soulless Persecution of Antonio Batista.

The reasons why the Judge was unreasonable in his judgment
and Antonio Batista was acquitted!  The pdf file.

The threatening letter from the Crown saying going to arrest Joe Batista if he circulates his father's poem about Pat Satio (another one).  Well, he posts in on the Internet (as I did), and E-mails just about everyone in the Ministry of the
Attorney General - nothing.
Joe goes on to publicly stated to reporters;

National Post - Tuesday, May 29, 2007;

In a separate development, Mr. Batista's son Joe, who has supported his father's battles and even run (and lost) against Ms. Saito in last year's election, said outside the court that he is a proponent of "assassination protocol," a system whereby people can contribute to a fund that will be used to pay an assassin to kill a public servant. The idea is that, by simply betting on the date of a person's death in a "death pool," participants have put a price on the execution, but avoided criminal liability.

"A properly functioning democracy disposes of its garbage," Mr. Batista said, and confirmed repeatedly that he was serious.

He said he expects to "release" a version of this protocol shortly on the Internet.

Asked if Ms. Saito was a legitimate target for such an auctioned execution, he said, "I think they all are."

Mississauga News July 25, 2007;

"Batista’s son Joe said before the trial that, "if my father is found guilty, a new crime has been created by these idiots’ the crime of satire." He said he would issue his own satirical death threat list and expects to be charged by police as well. "I’m not kidding," he said."

Why has Joe not been contacted by Peel police or even arrested?

The Batista's are retired, lived as hard working honest citizens and saved their whole life to enjoy their GOLDEN years as best they can but because of this vengeful act by unaccountable & uncaring politicians and government, their savings drained to fight the legal battle.

We are trying to set up a defence fund to help pay the cost and remember that because Mr. Batista came to the aid of local residents about taxes, the local Councillor found a frivolous reason to call the Peel police on him.  That his case, is a case that affects us all as it decides what our rights are and this age of government paranoia regarding its own citizens that results in almost daily limits or elimination of our hard won Rights & Freedoms - his case is very important indeed!

If you would to make a donation please send an E-mail noting that.

This one of a few key letters that show the reason for Councillor Pat Saito calling the Peel police on Mr. Batista was about money - developer money!  Long before any poems were written the issue was why do Mississaugans have to pay the taxes that developer should be?  He involvement in this matter, the resulting refunds is what got him in Councillor Pat Saito black book and more than likely her calling the police on him was a act of political revenge.  Here is the letter he wrote to Mayor Hazel McCallion after his repeated attempts to reach his Councillor, because he also made a point of the fact Pat Saito failed to response to his reasonable commutations - another reason for her to be vengeful.  His letter verbatim -  just as he typed it.

"Mrs. Hazel McCALLION
Honorable Maior of the
City of Mississauga
300 City Centre Drive
L5B 3C1

Dear Mrs. McCallion

I am Writing to You regarding the new taxes for the year 2001 taxes that I already paid for that year.

I have the bill with me to prove it (ti was 947.44 for the 165 days that I was in the house.

I got it on July 20, 2001 from GREEN PARK.

Now the bill I was sent is for 728.63

Mrs. MCCALLION I do not think that I should pay again the taxes that I already paid and I think that something is wrong with the City of Mississauga and with Mrs. Pat Saito.

I wrote Mrs. Saito one letter in November 4, 2005 and Dafter I phoned Her but she was not in. I was told the she was sick.

About a month later I phoned again and this time she was on Holidays. After I phone again and she was not in.

Mrs. McCALLION what is wrong with the City of Mississauga?

Are these People looking at the MOON easted of doing their jobs?

I am upset and I do not what is really going on.

Can You Mrs. MccALLION have a look at this problem and see if You can get this People workin and do things the right way?

Truly Yours Antonio Batista.

Antonio Batista
is a 75 year old man who dared to write and distributed a satirical poem
that was critical of a local politician
-  Mississauga City Councillor Pat Saito -
one of Hazel McCallion's coven.

Is the truth really that because Mr. Batista had previously interfered with plans to make new homeowners pay the taxes that the developers should be paying, that when Mississauga City Councillor Pat Saito called the police, it was more about revenge then feeling any kind of threat to her person?  The facts appear to support this reasonable conclusion.

Antonio Batista
the pothole poet is the rage of the media & BLOGs
because of how insane this case is.
In the so-called Democracy of Canada!
In the final day of the trial the Crown was but pleading with the judge to legalize the malicious persecution of Mr. Batista,
by setting a legal precedent - that it is lawful for even the most minor politicians in Canada,
to have arrested those,
in the community they have been elected to serve,
for nothing more than poking fun at them,
out of frustration,
due to lack of unbias & reasonable service!
If that is not bring
Canadian Justice into ill-repute, then what does?

Below is a story of how bad cases make for bad law and endangers our very Democracy.
Those who know how politics work in Mississauga and how the Peel police can easy run-a-muck with or with a 2-4, this kind of injustice with its roots in political intrigue comes as no surprise.
None-the-less, the details are shocking, just as what is not reported by the main stream media, that should be seen as protecting the political fannies of Hazel McCallion's clique of Councillor's and their working business relationship with local developers.
Yes, follow the money to see the truth - do not be fooled by the smoke screen of false charges.

The Batista family has hire the renown and very expensive criminal lawyer Clayton Ruby,
for this case due to their great fear that 75 year old
Antonio Batista could go to jail
(where he would likely die - if the stress of the trial etc. does not kill him first),
because the
Crown says it wants a guilty verdict because the Crown states it wants that
"We have to send a message to the public."
Clayton Ruby
took exception to that argument, saying it implied that a conviction should be registered as a deterrent to others when it is not necessarily justified in this case.
"We don't use the criminal law in this way,"

"The government must not silence its critics by force."

Why would the Crown restore to such outlandish police state remarks?
Because there are really two Court cases going on Mr. Batista and mine!
And yes they are almost unaccountable and funded by tax-payers dollars!

Index of articles - most recent first - more articles to be published - as they are found;

Dec. 11, 2008    -    National Post
"Not apologizing to anyone", councillor says - I showed up to address the City's first time ever Public Complaints Procedure and Councillor Pat Saito uses it for an excuse to go on a self-serving rant of falsehoods, that allowed Council to avoid the real questions. 
A National embarrassment AGAIN, for Mississauga!

Nov. 28-08.

Victory for Antonio Batista
Not only does he win the Appeal, he is acquitted of all charges!

The Pot-hole Poet's Appeal, by Clayton Ruby regarding his conviction for making a so-called "uttering a threat to cause death" has been successful - overturned and in the words of the Appeal Judge {S.E. Lang J.A. and agreed to by Appeal Judges, Robert J. Sharpe J.A. & G. Epstein J.A.}, "The charge of intimidation included the same element of death threats.  For the same reasons, it also cannot succeed.  Accordingly, I would allow the appeal, set aside the conviction and substitute an acquittal of the appellant on both counts in the indictment."

The first ruling by a Peel Judge was very carefully dissected to show not only the injustice by of the way it was selective in what facts were considered but also goes into detail as to our Charter Rights trump such a frivolous use of a criminal charge when a Canadian makes statements regarding their elected officials.  The reasonable person test was very clearly spelt out not only for use in the case but future use in Peel!

In conversation with Mr. Ruby, he notes it is unusual for the outcome of an Appeal to be an acquittal and "its not often that the Court of Appeal has to remind the Attorney General of the importance in a free society of the ability to criticize local officials, but they did, I hope he leans his lesson."  Yes - as we all do!
In this Appeal it was put forward that the Verdict was an unreasonable one.
Mr. Ruby notes its "very unusual" as a "unreasonable Verdict is hard to obtain and they {the Appeal Judges} substituted an acquittal and that is the end of it.  What they are saying is we are not going to allow you to put this man through it again."
Mr. Ruby has done so in the past but modestly does not recall how many times.

The pdf file of the judgment.

The soulless Persecution of Antonio Batista
For more about Mr. Batista and how unjust he has been treated & how it affect all of us.

And another scoop for the DEMOCRATIC REPORTER as the first media to post the whole rule - comments to follow.
Nov. 28-08

Apr. 28, 2008    -    Letter to
Chief of Toronto police
Formal request for charges & arrests in regards to a death threat and/or intimidation towards - in other words a TERRORIST ATTACK - City of Toronto Elected officials, City of Toronto staff and suggesting destroying City hall.

Apr. 28, 2008    -    Letter to Media about request to Chief of Toronto police
As Canadians we know that there is a law for the rich and a law for the poor. That it is likely the Toronto police will be too fearful to take on the media.

July 28, 2007    -    National Post
'Pothole poet' found guilty of death threat.  Conditional Discharge; Receives Probation For Poem About Councillor.

July 27, 2007.

Sound clip of - Clayton Ruby's Media interview outside of the Court room after Antonio Batista was convicted.

The recording is not the best but you can hear Clayton Ruby, one of Canada's top lawyers answer media (by The Democratic Reporter, Toronto Star and the Mississauga News), questions regarding the conviction of Antonio Batista for writing a poem to express his frustration about how Pat Satio, Councillor of  Ward 9 of Mississauga for her not doing her job, responding to his letter about how the new homeowners were being asked to pay the taxes that the developers should have to.  In the end they were given refunds so we know he was right.  Others in the  community got refunds too but only those who knew they were being taken to the cleaners.  This is a case is what they say -  bad cases make for bad laws.  He made no direct or specific death threat in his poem, which was not even sent to her, it is was  the interruption made by Pat Satio that it was a death threat poem that lead to his arrest and greatly expanded what a person  can be arrested for on the whim of a Canadian politician!  More here.  Most intelligent, reasonable and unbias people who know the facts see that the arrest was to punish Mr. Batista for his efforts regarding getting tax refunds for his community AND NOT any poem he had written.

A very important quote by Clayton Ruby - "In Toronto do you think this would ever get to Court? No. They (Peel), must be awash in moneys, awash with money, swimming in money, because you would not rationalize it, to make it a priority in most places. Consider this, that serious crime that there is here of a violent nature that they can't seem to get on top of, the idea of putting this amount of police resources, prosecution resources, and judicial time for this prosecution is peculiar."

June 5, 2007    -    Mississauga Musings
"Mrs. McCALLION what is wrong with the City of Mississauga?" (Antonio Batista).

June 4, 2007    -    Mississauga Musings
"she does not think how you feel" Antonio Batista.

June 4, 2007    -    Mississauga Musings
"Reasonable Person Test" -- Crown Witness.

May 31, 2007    -     Mississauga Musings
"The government must not silence its critics by force." --- Clayton Ruby (May 29, 2007)

May 30, 2007    -    Random Access - John Stewart's BLOG
A pothole never loomed so large. 
"Unfortunately for Batista, who has been in poor health, the judge’s decision was delayed for two months. The stress on him and his wife was clearly evident during the trial."  Yes this is the IRONY it is likely that
Ward 9 Councillor Pat Saito is in fact knowingly digging Antonio Batista grave!

May 29, 2007    -    Mississauga News
No evidence senior intended to kill councillor: lawyer.   Crown Attorney "We have to send a message to the public" &
We don’t use the criminal law in this way,” Clayton Ruby
said.  Front page News article.

May 29, 2007 - 1    -    Mississauga Musings
"We have to send a message to the public" Crown Attorney.  That the public is to live in fear of politicians?  Would appear to the lesson Councillor Pat Saito, Peel police and the Crown want taxpayers to learn.

May 29, 2007     -    National Post
Death threat poem actually satire, court told; Criminal trial; 'I'm not the Bad Wolf,' accused told police.  An up-dated and expanded version of the May 26th., story but one very big difference - the "assassination protocol," a system whereby people can contribute to a fund that will be used to pay an assassin to kill a public servant."  Well what is that??????? And will it find its way into Mississauga politics in the future?

May 29, 2007    -    Mississauga News
Pothole poet was merely a satirist: lawyer.

May 28, 2007
   -    Mississauga Musings
"What would Edward R. Murrow do?  What would he want me to do?"

May 28, 2007
    -    Mississauga Musings
Hypocrisy Democracy.

May 28, 2007    -    Mississauga News
Councillor felt threatened by poem.

May 27, 2007    -    Mississauga Musings
THEIR MISSISSAUGA, yes, and ever increasingly --THEIR MISSISSAUGA.

May 26, 2007    -    National Post
Pothole poet lands in court - 'Satire,' lawyer says, not death threats against Councillor.
Here is some real news coverage, so much better then local word bites.

May 26, 2007    -    Toronto Sun's "Weird News" section
Peel senior in court over a poem.

May 25, 2007    -    Mississauga News
EDITORIAL & OPINION - The case of the poison pothole poem starts Monday.

May 25, 2007    -    Mississauga News
The case of the poison pothole poem starts Monday.

May 25, 2007
General News release by Ruby & Edwardh, Barristers and Solicitors.  Satirical poem displayed criticizing Mississauga City Councillor Pat Saito results in criminal charges.

October 30, 2006     -    Random Access - John Stewart's BLOG
Meet your talking head - comments about
protest candidate Antonio Ferreira Baptista

Details on my election page.

Oct 25, 2006     -    Mississauga News
Ward 9 protest candidate faces criminal charges.  "warned by the Crown Attorney's office to stop, or he could also face charges.  In a defiant e-mail in response, Baptista urged supporters to confirm they have received the poem because it,
"will assist me to expose the moral bankruptcy that has become our political and justice system."

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