From: johnturmel@yahoo.com   
      
   JCT: Shawn Tedder was before Ontario Provincial Court Judge   
   Ritchie for his Smith BENO Quash motion that had been put   
   off previously been put off 4 times.   
      
   Because Shawn had filed a whole mess of motions with the   
   quash, it was a tree in the forest that didn't get the   
   attention it deserved. The lawyers for other accused are   
   completely bewildered and just want delays too.   
      
   The Crown David Morlog objected to Shawn taping the hearing.   
   Shawn handed up the Protocol on Recording in the courts and   
   the judge ascertained he couldn't publish it, it could only   
   be for his notes, before rejecting the Crown's objection.   
      
   The Crown led off with "the Quash motion is constitutional"   
   that "has to be heard by the trial judge!"   
      
   Right at the top of the motion is where I put the ruling of   
   Superior Court Justice Rogin that a Quash is not   
   constitutional and has to be heard pre-plea by any judge who   
   can amend an indictment under S.601. So Morlog is either   
   lying or didn't even read it.   
      
   The judge said Shawn had to serve the Quash on all the other   
   accused in case they want to participate. Bull, let them   
   file their own.   
      
   Morlog said twice that he had refused to accept the Quash   
   Motion originally because it "was improperly-served." Now,   
   think about what that means when all Shawn had to do was   
   hand it to him and say: you're served? How can it be   
   improperly-served once it's in his hand? But no one twigged   
   to the nonsensical argument of improper service.   
      
   He said that it had to be served in Court! Har har har. Only   
   in Toronto, maybe! Har har har. Judge didn't notice.   
      
   So the judge said it had to be heard by the trial judge.   
   Shawn pointed out that's not what it said. He even read out   
   the part from his motion pointing out if he could amend the   
   indictment, he could quash it too. Now.   
      
   Judge Ritchie again said it had to be heard by the trial   
   judge and they needed time to get Legal Aid, have all the   
   pre-trials and examinations and then they'd decided if there   
   would even be a trial. Har har har har har har.   
      
   Again Shawn pointed out that nowhere does it say it takes   
   the trial judge and why should the others always have to be   
   there for all his upcoming motions?   
      
   Judge Ritchie agreed: I could seize myself of it but I'm not   
   going to.... their lawyers should be served.   
      
   What their lawyers have to do with Shawn's charge, I still   
   don't know, but it's a handy pretext to pass on the hot   
   potato.   
      
   That's quite the unique admission. He has the power to deal   
   with the motion, there's no reason Shawn should have to   
   wait, but the judge just decides he's not going to hear it.   
   Justice OFF for today.   
      
   So everyone got put off to Dec 21 where Morlog's intends to   
   argue about the appointment of a Case Management judge.   
   Shawn pointed out he was supposed to have had that hearing   
   last week when it got slated in the wrong court. And now the   
   Crown's saying the purpose of the Dec 21 hearing is to   
   discuss appointing the judge for the hearing he should have   
   had two weeks ago.   
      
   Anyway, he pulled the wool over Judge Ritchie's eyes and got   
   him to believe it had to go to the trial judge for awhile.   
   Then when he admitted it didn't, he just refused to deal   
   with it. Morlog must have loved that since he hasn't filed a   
   response and won't next time either.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)