From: johnturmel@yahoo.com   
      
   JCT: James Turner's Smith BENO Quash motion was brought   
   before Madame Justice Sheard. Seems it may have been her   
   first day on the bench, she said she was new.   
   put off by  for hearing on Aug 31, 2015, the date of White's   
   desired pre-trial.   
      
   The Crown Brent Lepage told her that the trial had already   
   started, that there had already been a "voir dire" (trial   
   within a trial) on Turner's this Constitutional "Mernagh   
   Plus" Charter Motion and that they had a Pre-Trial   
   conference booked for Aug 31 2015 to discuss whether James'   
   pre-plea Quash motion will even be heard.   
      
   James is hard of hearing, he has two hearing aids. But the   
   government cut back on his batteries so he didn't hear the   
   lead in statement that would have let him belie the Crown.   
   He only asked: "Does the fact they gave me a date for trial   
   mean my trial is now started?" She missed the point. Most   
   did. He'd have been better to say: "I haven't even pleaded   
   yet, there was no voir dire because the trial hasn't even   
   started! Who's my judge then?"   
      
   So without correction, she thought the trial had already   
   started though them talking about a "PRE-trial" after a   
   trial has started should have been a red flag something was   
   wrong. I think James must be the first to have a pre-trial   
   after trial has started!!! But no one seems to have noticed   
   his motion being put off to a pre-trial because his trial   
   had already started! Har har har.   
      
   Here's the point. I don't think Crown Lepage knowingly lied   
   to the judge to mislead her. I think Stephen White knowingly   
   misled Lepage by sending him with the wrong information and   
   mis-naming whatever proceeding had disallowed Turner's   
   constitutional challenge a "voir dire" which dismisses it   
   during the trial. White knows the trial did not start and   
   the hearing to disallow the Charter motion was not a "voir   
   dire" but calling it that let Lepage come in and add that   
   the trial must be started for the voir dire to have been   
   settled. "Oops! says Mr. White"   
      
   So White probably set up Lepage to mislead the judge about   
   what happened earlier and get the Quash Motion put off to   
   another quasi-orthodox hearing and see if he can get this   
   one "disallowed rather than dismissed" like the other.   
      
   So he got what he wanted. The Aug 31 2105 hearing is set on   
   whether they'll even let James have a hearing or whether the   
   motion will be disallowed.   
      
   When James objected to his lousy 15 minute motion being put   
   off to be discussed, Justice Sheard stuck it to the Crown by   
   making them commit to responding to the motion, not just   
   showing up to try to prevent it's being heard!! Great. Thank   
   you Madame Justice. She may have slipped on the "pre-trial   
   after trial start" like most others but she sure did her job   
   of taking care of a self-defender's rights before her court.   
      
   The only major mistake she made was when James asked if he   
   could speak to his advisor. But the Crown objected saying   
   the advisor wasn't a lawyer. What's neat is that the Crown   
   has no grounds to object, if I was a lawyer, I'd be before   
   the bar with him, the request can only be to consult with   
   someone not before the bar. And just last Friday, when Jon   
   Nesbitt asked to speak to his advisor, sure. Didn't care who   
   or what I was. But she fell for it, why could the Crown   
   object if he didn't have grounds?   
      
   One thing the Crown keeps repeating, no doubt misled by   
   White, that this is the 3rd of 4th time James raises this   
   issue: Smith! From June 2 months ago! Har har har. Looks   
   like he never even read it, just went to repeat what White   
   put in his mouth.   
      
   So I decided to rain on Mr. White's parade. He thinks he's   
   got what he wanted. If we do nothing, we're at the next   
   hearing and misleading the court to get there will be   
   forgotten. I told Jim that our only chance to catch the   
   Crown on all the lies is to drag them in again at the next   
   chance. So James filled out 3 more Quash kits and went to   
   get it filed for next Monday Aug 17!!   
      
   At the Trial Coordinator's Office, he told her how the crown   
   had gotten it put off by telling the judge the trial had   
   already started which is why he's going right back. She   
   agreed that she had not yet scheduled the trial and it   
   couldn't have started without her knowing! Har har har.   
      
   So at the next hearing, James gets to say: Check with the   
   Trial Coordinator who will verify two previous courts were   
   misled about the void dire being held at a trial!   
      
   Har har har har har har. So James is booked back for Aug 17   
   and this time, the Crown is going to be exposed for lying to   
   the bench, whether it's Lepage who'll be taken by surprise   
   or White who'll get what he deserves. Har har har har har   
   har. Won't that be worth watching?   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)