4petesake Posted August 7, 2021 Share Posted August 7, 2021 22 minutes ago, Violator said: What's a sealing order? With how it pertains to this case? As best as I understand it: The public generally has a right to view court proceedings which includes viewing and making copies of court documents. A sealing order prevents this. A publication ban means simply that information cannot be made public and as far as I can tell there is no publication ban in place. The logical question is how did these journalists come to view or have access to information that was covered by the sealing order? Gemma Karstens-Smith says in her statement that she accessed the court documents, so how did she come to view them? The implication is that she accessed it through the victim. Her statement about no publication ban seems like a bit of a red herring. 1 Quote Link to comment Share on other sites More sharing options...
wallstreetamigo Posted August 8, 2021 Share Posted August 8, 2021 5 hours ago, 4petesake said: As best as I understand it: The public generally has a right to view court proceedings which includes viewing and making copies of court documents. A sealing order prevents this. A publication ban means simply that information cannot be made public and as far as I can tell there is no publication ban in place. The logical question is how did these journalists come to view or have access to information that was covered by the sealing order? Gemma Karstens-Smith says in her statement that she accessed the court documents, so how did she come to view them? The implication is that she accessed it through the victim. Her statement about no publication ban seems like a bit of a red herring. This is how i see it too. If the documents are sealed, the reporter should not have been able to see them to report on them in the first place. There doesnt need to be apublication ban in place if the information reported on was under seal. It will be up to Virtanen's lawyer to make that argument and to outline what info was published that should not have been. If there is any, this reporter could be in trouble. 1 1 Quote Link to comment Share on other sites More sharing options...
kloubek Posted August 8, 2021 Share Posted August 8, 2021 The deeper this goes and the more drama created as it goes along, the more I'm comfortable with the buyout. We don't need this around the team. Still saddened by the whole downfall of Jake with Vancouver. What could (and should) have been... 4 Quote Link to comment Share on other sites More sharing options...
Provost Posted August 8, 2021 Share Posted August 8, 2021 (edited) 15 hours ago, wallstreetamigo said: This is how i see it too. If the documents are sealed, the reporter should not have been able to see them to report on them in the first place. There doesnt need to be apublication ban in place if the information reported on was under seal. It will be up to Virtanen's lawyer to make that argument and to outline what info was published that should not have been. If there is any, this reporter could be in trouble. That isn’t true at all. How could the reporter be in trouble when there isn’t a publication ban. They are allowed to report on any thing they want unless ordered by the courts not to. The agent is looking after Jake’s interests so is has no legal obligation to be fair or even truthful. It is pretty clear by the statement put out that they are at the very least being disingenuous by bending the truth by omitting a bunch of facts that put him in a bad light. There is other precise language that also gives hints. When they put in “to my understanding” that is simply a way to say something that isn’t necessarily true but to also not be able to be called out on outright lying. He is also making all sorts of unfounded public accusations against the complainant and reporter not founded in law while at the same time complaining about elements of the investigation into his client becoming public. He also details elements of the case himself while accusing the other side of being inappropriate by doing the same. It is nothing more than a PR document and a shot across the bow warning to the other potential accusers that they will be attacked publicly as money grubbing liars. Also, in these sorts of cases, unless it is a mandatory ban (as some elements of sexual assault cases always are) it is generally the accused’s counsel that asks for documents to be sealed so the public doesn’t see them and the judge doesn’t do that on their own. Sometime it is the complainant who requests it… but in sexual assault cases most of the time they are mostly protected by mandatory orders. Often it is only specific documents that are sealed and not everything related to the case. There are also a myriad of ways the source information can be given out that doesn’t break a sealing order. The sealing order only restricts public access to the actual court documents themselves and is no limit on anyone who has information sharing that publicly. Like if an accuser makes a statement that ends up in a sealed court record, that doesn’t mean they can’t talk about it elsewhere. Virtanen’s camp wouldn’t want the details to become public and only the outcome. Same as they would demand a gag order as part of any out of court settlement they might come to. Edited August 8, 2021 by Provost 1 Quote Link to comment Share on other sites More sharing options...
JM_ Posted August 8, 2021 Share Posted August 8, 2021 7 minutes ago, Provost said: That isn’t true at all. How could the reporter be in trouble when there isn’t a publication ban. They are allowed to report on any thing they want unless ordered by the courts not to. The agent is looking after Jake’s interests so is has no legal obligation to be fair or even truthful. nothing will happen to the reporter. Jake needs to go play in the KHL while this is going on. 1 Quote Link to comment Share on other sites More sharing options...
rekker Posted August 8, 2021 Share Posted August 8, 2021 6 minutes ago, Jimmy McGill said: nothing will happen to the reporter. Jake needs to go play in the KHL while this is going on. So true for many reasons, but could you imagine the shape Jake would be in if he took a year off from hockey? Quote Link to comment Share on other sites More sharing options...
CanucksJay Posted August 8, 2021 Share Posted August 8, 2021 1 hour ago, rekker said: So true for many reasons, but could you imagine the shape Jake would be in if he took a year off from hockey? I dunno I think Jake might see this as a wakeup call and train his butt off? Too bad it didn't happen in Vancouver (except that one summer after the dough boy picture the previous summer) Quote Link to comment Share on other sites More sharing options...
rekker Posted August 8, 2021 Share Posted August 8, 2021 5 minutes ago, CanucksJay said: I dunno I think Jake might see this as a wakeup call and train his butt off? Too bad it didn't happen in Vancouver (except that one summer after the dough boy picture the previous summer) Maybe, if this doesn't wake him up, nothing will. 1 Quote Link to comment Share on other sites More sharing options...
TmanVan Posted August 8, 2021 Share Posted August 8, 2021 2 hours ago, rekker said: So true for many reasons, but could you imagine the shape Jake would be in if he took a year off from hockey? He wouldn't be around team supplied buffets, and hockey would no longer be in the way of cocaine so I suspect he would be looking pretty good 1 Quote Link to comment Share on other sites More sharing options...
ba;;isticsports Posted August 8, 2021 Share Posted August 8, 2021 3 hours ago, CanucksJay said: I dunno I think Jake might see this as a wakeup call and train his butt off? Too bad it didn't happen in Vancouver (except that one summer after the dough boy picture the previous summer) If allegations are true, I could care less how much of a wakeup call it is for him , he had a privilege he wasted It is also a wake up call for the team and women. Michael Vick when caught disgusted me and I could care less if he was sorry, only when caught (I wouldn't want him on my team either) He was able to make millions off of it, but time to move on Way too much drama and distraction for an average player all this time Quote Link to comment Share on other sites More sharing options...
JM_ Posted August 8, 2021 Share Posted August 8, 2021 4 hours ago, rekker said: So true for many reasons, but could you imagine the shape Jake would be in if he took a year off from hockey? he'd be done, I would imagine. Go play in Russia, stay in shape. If he's found innocent or there's not enough evidence for anything then someone will pick him up in a year. 2 1 Quote Link to comment Share on other sites More sharing options...
CanucksJay Posted August 8, 2021 Share Posted August 8, 2021 15 minutes ago, ba;;isticsports said: If allegations are true, I could care less how much of a wakeup call it is for him , he had a privilege he wasted It is also a wake up call for the team and women. Michael Vick when caught disgusted me and I could care less if he was sorry, only when caught (I wouldn't want him on my team either) He was able to make millions off of it, but time to move on Way too much drama and distraction for an average player all this time I agree with you. Doesn't matter if you are amazing at sports if you are a terrible human being 2 Quote Link to comment Share on other sites More sharing options...
VegasCanuck Posted August 8, 2021 Share Posted August 8, 2021 Just noticing again, that no one has signed him. I said it before and saying it again, I think the KHL is likely his only hope for next season. Not sure that Montreal would even touch him right now, and that's really saying something! 2 Quote Link to comment Share on other sites More sharing options...
Dazzle Posted August 9, 2021 Share Posted August 9, 2021 4 hours ago, VegasCanuck said: Just noticing again, that no one has signed him. I said it before and saying it again, I think the KHL is likely his only hope for next season. Not sure that Montreal would even touch him right now, and that's really saying something! Montreal learned their lesson, I think. They didn't relinquish their first round pick though... Quote Link to comment Share on other sites More sharing options...
The Colt 45s Posted August 9, 2021 Share Posted August 9, 2021 14 hours ago, rekker said: Maybe, if this doesn't wake him up, nothing will. Should be a pretty good ball hockey player once he gets out of prison. 3 Quote Link to comment Share on other sites More sharing options...
DeNiro Posted August 9, 2021 Share Posted August 9, 2021 6 minutes ago, The Colt 45s said: Should be a pretty good ball hockey player once he gets out of prison. 1 Quote Link to comment Share on other sites More sharing options...
arsenalian Posted August 9, 2021 Share Posted August 9, 2021 18 hours ago, VegasCanuck said: Just noticing again, that no one has signed him. I said it before and saying it again, I think the KHL is likely his only hope for next season. Not sure that Montreal would even touch him right now, and that's really saying something! Can someone with a pending criminal hearing even leave the country? I keep seeing KHL brought up as an option, but I always assumed if you’ve been charged with a criminal act, you’re not allowed to leave the country. I’m no lawyer though, maybe someone in the know can shine some light on this? Quote Link to comment Share on other sites More sharing options...
VegasCanuck Posted August 9, 2021 Share Posted August 9, 2021 (edited) 26 minutes ago, arsenalian said: Can someone with a pending criminal hearing even leave the country? I keep seeing KHL brought up as an option, but I always assumed if you’ve been charged with a criminal act, you’re not allowed to leave the country. I’m no lawyer though, maybe someone in the know can shine some light on this? He has not been charged, as far as I'm aware, there's nothing specifically pending. There's an ongoing investigation, but I don't think there's anything that would prevent him from traveling. Although, yes, police are investigating, I think people are making a lot of assumptions into what's going on. That said, his best path may very well be, AHL or ECHL for the moment. Edited August 9, 2021 by VegasCanuck Quote Link to comment Share on other sites More sharing options...
Alflives Posted August 9, 2021 Share Posted August 9, 2021 7 minutes ago, VegasCanuck said: He has not been charged, as far as I'm aware, there's nothing specifically pending. There's an ongoing investigation, but I don't think there's anything that would prevent him from traveling. Although, yes, police are investigating, I think people are making a lot of assumptions into what's going on. That said, his best path may very well be, AHL or ECHL for the moment. Eight accusers now though. That makes for a complicated police investigation, because if (when) charges are made the crown wants to include them all. Eight women. That’s a definite pattern of behaviour. No team will touch Jake. And he’s definitely not allowed to leave this jurisdiction. Quote Link to comment Share on other sites More sharing options...
MattJVD Posted August 9, 2021 Share Posted August 9, 2021 8 minutes ago, VegasCanuck said: He has not been charged, as far as I'm aware, there's nothing specifically pending. There's an ongoing investigation, but I don't think there's anything that would prevent him from traveling. Although, yes, police are investigating, I think people are making a lot of assumptions into what's going on. That said, his best path may very well be, AHL or ECHL for the moment. There would not be anything (on Canada's end) that prevents him from going while he has not been charged. Though, he would still have to return to Vancouver to make his court appearances in the civil case. A lot of countries would not give him a work visa right now though, but that's probably not an issue in Russia. Quote Link to comment Share on other sites More sharing options...
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