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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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