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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,041 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Crown stalls Turner Smith BENO Q    |
|    18 Aug 15 09:25:33    |
      From: johnturmel@yahoo.com              JCT: Back in July when James Turner filed his new "Smith       BENO" Quash motion, the Crown had it put off to Aug 31 to       discuss whether he should be allowed to even file it.              Now, under the rules, James has the right to be heard in 2       days notice. But Stephen White just had it put off a pre-       trial conference for the 31st.              So James went and filed another Quash motion commandeering       the next available date and got it. But on that date, the       Crown told the court it had to be put off to the Aug 31       hearing because the trial had already started and there had       even been a "voir dire" (see what say?) trial-in-a-trial.       But Justice James put it off to the next week.              That week, Crown again not having filed a response, tells       the judge that with the trial started and one voir dire       already ruled on by the Trial Judge, a new Quash motion was       a matter for the pre-trial judge!              Get that? Supposedly, the trial is started but James is       still having pre-trials. Har har har har har har. I'll say       no more about that persisting delusion. So the judge put it       off to the Aug 31 pre-trial.              Sorry, but James went book the next date next week and told       to the Trial Coordinator how the Crown had said the trial       had started to get his motion delayed. She went: Oh dear,       the trial isn't started, I'd have coordinated it if it had.       So James is now slated back ready to send the court to check       with the Trial Coordinator the next time there's any       lawying by the Crown.              So this time, when we show up, oops, James's file isn't on       the judge's docket. And she's got a full date slated for in-       jail bail hearings, no time for James again. (Bet they slate       James there just to screw him and don't have to slate him       there at all. This is bullshit, saying a 2-day notice motion       has to wait week-after-week for a bail judge. She could have       booked him the first available judge with 15 free minutes.              But when White points out how it's set for the hearing on       the 31st, the date he wanted all along, and since it's now       only 2 weeks away having stalled successfully for the past 3       weeks, may as well let White what he wanted because it's now       so convenient. And he threw in the Surrender Words "it's       frivolous and vexatious" letting me know he is vexed that he       had no response to exactly the same move J.P. made in 2003       and his only out is to call that winning move frivolous? Har       har har har har har.              They're coming to court on Aug 31 2:30pm with nothing.       They're not going to file a response, they're going to argue       Turner should not be allowed to have a Quash Motion like       everyone else, after all, the Court already disallowed him a       Charter motion like everybody else. Back-room rules worked       once, why not twice?              Anyway, James is going to find out if the Trial Coordinator       had to stick him last on the bail judge's list when his       motion wasn't even a bail hearing. And find out how the       docket lost the last one. Oops.              Thank you Max and the Montreal MedPot Musketeers for coming       to watch the Crown beat a retreat. No such retreat possible       in Montreal on Thursday morning. Courtroom 407 9am.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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