Monday, September 26, 2016

JUDICIAL SYSTEM GAMESMANSHIP?



O.K. so I've actually been home from court for over an hour but I got involved with some hydrogeological advice to a citizen involved in a local environmental issue (not Chemtura). The decision in court this morning was to adjourn until November 14/16 9 am. back in Provincial Offences Court (77 Queen St.), Courtroom #101. Now a month ago we adjourned because the Crown had not received anything more than the name and alleged offence by Councillor Hahn. Today the Judge (Anderson?) was advised by the Crown Alexander Andres that a Regional Crown was going to be brought into the case allegedly to obtain more insight, a broader perspective etc. etc.. Actually I didn't really find the explanation all that clear.

Once again the Crown (Mr. Andres) made a point of advising the Judge that the "Informant" to the private charges was present in court. I was asked if the proposed Adjournment date was O.K. with me to which I said it was. What is not alright with me is the gross lack of communication with the Crown. He has my phone number, e-mail and home address yet when I send him all of two e-mails in a month asking either a question or for confirmation that he's received data I've sent him, I get nothing back. To date there has been no sit down discussion, interview or questions asked. This is not acceptable. Similarily if the Regional Crown shows up for the November 14/16 Court date without having spoken to me, asked questions or even advised me of my options as the Complainant ie. citizen who laid the charges, I will not be impressed.

I was able to ask Mr. Andres one question after court in regards to whether or not I can proceed with my own prosecution if the Regional Crown for whatever reason chooses not to proceed. Mr. Andres stated that if the Regional Crown decides not to prosecute (he used a term I do not currently recall) then I can proceed with a private prosecuter. Hmm. This is far too much like pulling teeth getting any information at all. One or two brief, stilted conversations in a crowded hallway or even in an office every month or two does not give me much confidence in what is going on. Also the indecent delay, slowness and attitude of court staff at Superior Court (Intake Court) combined with some incompetence when they can't get the file to the Crown prior to the last court date only adds to the bad impression. Then we have interminable adjournments (six?) with Sandy Shantz and now we're heading to the third court date for Scott Hahn and I simply have to shake my head. This whole system and process is miles beyond nuts.

I was interviewed by Liz Bevan of the Woolwich Observer after court and answered her questions as straight forwardly as I could. I advised her of my disgust with the out of town Crown Fraser Kelly in regards to Sandy Shantz's MEA charges. Mr. Kelly brought me to a meeting at Regional Police headquarters allegedly to discuss the Sandy Shantz case three days prior to the next court appearance. In fact he had a detective present and I believe his only purpose was either to charge me for providing the Crown with a taperecording of a public MECAC (Compliance Audit Committee) hearing or to intimidate me into dropping the charges laid against Ms. Shantz. What an asshat! This is how our judicial system enforces provincial legislation apparently when a currently sitting local politician is involved. Are we getting more of the same with Mr. Hahn? The more hoops and loops, roadblocks, delays and refusals of officials to do their duty; the more obvious that something is seriously wrong with our judicial system it becomes.

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