Tuesday, August 18, 2015

CORRUPTION, BLACKMAIL, CONSPIRACY WE'VE GOT IT ALL RIGHT HERE



Councillors are you still sure there aren't some valid comparisons with the Watergate scandal? In other words the initial offense (election expense contraventions) may be only a three or four out of ten on the ethics scale but the following coverup is an eight. The definition of conspiracy by the way is a joining or meeting of individuals for an improper or illegal purpose. Wow that pretty much covers most meetings of politicians I would expect.

I've been advised by some brave souls who stayed for the whole Council meeting of a week ago that Mayor Shantz did a strange thing late in the evening. Apparently she pulled out Justice David Broad's seven page decision reinstating her and read part of it into the Minutes. Yes that is correct, she read exerpts of it into the record. Exerpts as in cherry picked exerpts. Odd. If she wanted it formally into the record all she had to do was include the whole document, which by the way I believe the Woolwich Observer put on line in its' entirety less than three weeks ago. Of course it should have been in the meeting Package and named in the Agenda. Now the Package was over 400 pages long and while I have looked assiduously for any mention of Justice Broad's decision, even remotely, it simply wasn't mentioned in the Agenda, revised or otherwise.

I was advised by the listener that the cherry picked exerpts unsurprisingly were positive for Sandy and less so for my extremely limited input at the court proceeding. Is this Sandy trying to put her numerous expense contraventions to rest (see Mon. August 3/15 Elmira Advocate) by publicly using a non-trial, narrow and limited legal proceeding to claim vindication prior to further public revelations? Back on August 1/15 I did post here about Justice Broad's Decision and what he badly missed and misunderstood.

Fundamentally and shockingly he admits that he failed to grasp and understand the significance of the March 23/15 date on Sandy's second Financial Statement that she sent to her accountant. Justice Broad's exact words on page 5, paragraph 16 of his Decision were " I had difficulty following the argument related to the significance of that date, but Mr. Marshall appeared to be suggesting that the date on the form suggests that the applicant (Sandy) had knowledge of her error but did not take proper and legal steps to file an auditor's report on time. By this, he sought to call the applicant's good faith into question."

The next paragraph (#17) Justice Broad stated "He was not granted intervenor status in order to bring forth facts to refute the applicant's assertion of good faith set forth in her affidavit. With the greatest of respect to Mr. Marshall, I did not find his argument to be of assistance within the purpose of Rule 13.02.".

On page 2, paragraph 7 of his Decision Justice Broad specified what my input was supposed to be. " ...I granted intervenor status to Mr. Marshall as a friend of the Court for the purpose of rendering assistance by way of argument. I directed Mr. Marshall to avoid any attempt to introduce facts or evidence, but rather to restrict his submissions to argument.". I indeed did not attempt to enter new evidence. Mayor Shantz had already entered into evidence her revised Financial Statement with the March 23/15 date, which date was four days PRIOR to the March 27/15 filing deadline. I understood that I was arguing that this already entered evidence spoke to her having knowledge prior to the deadline that her already filed Statements were inaccurate yet she did not correct/replace them. This absolutely was me arguing bad faith on her part which by using her already entered evidence I understood to be acceptable. Is it possible that Justice Broad missed that the March 23/15 date was already in evidence? I am certain that I had so advised him including the page reference in her submissions.

Regardless one thing should be very clear to readers of this posting. Mayor Shantz's election expenses were NOT remotely examined, clarified or tested at this hearing. Her Affidavit and Factum were automatically accepted as truthful at face value without benefit of new evidence or even cross-examination. My role was extraordinarily limited by Justice Broad. Sandy's lawyers gave short notice to the Court for response by other parties exactly as Councillor Mark Bauman did. In Mark's case I received exactly zero prior notice. This is exactly how both Mark and Sandy have managed to coverup various transgressions over the years. They subvert process, laws and rules to their advantage and to the disadvantage of truth and the public interest.

2 comments:

  1. I think that the whole outcome/court thing was pre-destined/ pre-determined from the very beginning. The privileged in our society routinely go into court and have the laws and rules and regulations “adjusted” to suit their desires.

    What you have had PRIOR to court simply is ; 1. Shantz and Township staff and or Shantz Lawyer and Township Lawyer (or their respective law clerks if they were being really coy) having a little chat to determine (a) how they would handle Mr. Marshall and (b) a consensus on the court application wording and potentially even the oral presentation to the judge with all the angles covered. 2. The assigned judge who would have reviewed the Shantz application and the supporting docs her lawyer filed with the court PRIOR TO the hearing and probably also reviewed the Bauman file and or briefed by Justice Campbell and then formed an opinion (the solution/fix) 3. In addition; It is a fact that Shantz is VERY privileged to have Mr. B. represent her in this case. (in my opinion this is the smoking gun)

    The so-called 2 parties, gave each other full disclosure in advance, while the judge received selective disclosure and Mr. Marshall received a complete lack of disclosure. Ah yes this is the classic scenario where it is pre-planned that the 3rd party will be dealt justice, without receiving any.

    The public meeting/court appearance is just the final step in a process where most often the outcomes are pre-determined barring any major complications or surprises at the last minute (In court and while on the record) By restricting Mr. Marshalls input and thus specifically (and very strategically) not allowing Mr. Marshall to challenge the evidence and the credibility of the witness I am convinced justice was NOT served. I find it legally mindboggling that the judge would allow the very document Mr. Marshall wanted to utilize to impeach Shantz to be entered as an exhibit (Evidence) and then turn around and not have any comments/questions/cross-examination by either Mr. Marshall or the Township solicitors. So as Mr. Marshall would say, the judge was either stupid or corrupt. PS: judges have the ultimate power, in that they get to “cherry-pick” the precedent setting caselaw that they will actually use to issue their decision/order.

    Shantz’s reading that stuff into the Townships record will come back to bite her if she tries to use this against Mr. Marshall or ? since she did NOT enter the whole thing into that record. If I was Shantz or? I would offer myself up to Mr. Marshall and honestly answer all his questions asap. Mr. Marshal is one very tenacious and brave dude.

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  2. "Politicians and diapers have one thing in common. They should both be changed regularly and for the same reason" unknown

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