From: johnturmel@yahoo.com   
      
   Quashes by David Butler, Adrien Stuerne, Eric Forde, Rene   
   Ouellet, Greg Magnusson, Ben Perrault all stalled. They can   
   run but they can't hide.   
      
   DAVID BUTLER: SHELBURNE NS   
   David Butler's Quash Motion is in and the Crown filed a   
   Response which I'll publish in the next few days.   
      
   ADRIEN STUERNE: ST-JEROME QU   
   May 3 Adrien Stuerne Quash for 54 plants in St-Jerome Quebec   
   stalled to Aug 11.   
      
   RENE OUELLET: QUEBEC CITY   
   On May 9, Rene Ouellet's Quash Motion was stalled in Superior   
   Court. Superior Court Justice Jean Roy simply said: "I'm not   
   dealing with this." Too bad he just didn't send it another   
   judge who better knew his duty to do the job. And if he won't   
   do the job, what's he doing on the Bench? What snobbish   
   incompetence.   
   Then Rene got tricked into changing his election from Judge   
   and Jury to Judge alone. The judge said the Quash had to dealt   
   with in Provincial Court and do you want to elect to go back   
   there to have it heard on Aug 12 before your Preliminary   
   Hearing. He said yes. Didn't realize it was giving up his jury   
   trial. Of course, the original sin is the judge's original   
   error that it wasn't his jurisdiction. Ontario Superior Court   
   Justice Riopelle accepted jurisdiction. Which judge is the   
   incompetent? So the judge screwed Rene and I'm not sure how to   
   fix it.   
   I know how they'll end up screwed. Once the Quash is heard and   
   dismissed, Rene stands mute at the plea and has to be sent   
   back to Superior Court!!! Har har har har har har. If they   
   won't, he needs time to now find a lawyer now that he's been   
   told the charge isn't invalid.   
      
   ERIC FORDE: ORILLIA ON   
   Same day, the Presiding Justice told Eric she didn't have   
   jurisdiction and he said "Yes you do." She refused to deal   
   with it and put if off to July 11. Later he found out that   
   though his motion "to a Judge, not a Justice of the Peace,"   
   had been booked before a Justice of the Peace. "Oh, we didn't   
   notice what the Notice said." Wonder if a J.P. has power to   
   amend a typo?   
      
   GREGORY MAGNUSSON: ROSSLAND BC   
   On May 12, Greg Magnusson's Quash in BC was stalled. Greg had   
   his MMAR 30-gram/day permits but the Crown charged his Produce   
   Permit was no longer valid and busted him. He served the   
   Motion to Quash on the Crown but the Rossland clerk refused to   
   file it. She told him to file it in Vancouver...  for $200!   
   Imagine that, he hasn't yet gotten it filed. So he'll just   
   have to hand it in to the first judge with his file open on   
   his desk.   
      
   GM: Hello. Court was fun today. However, because the   
   prosecutor did not have an ISP # or disclosure there are still   
   no charges.   
   The duty counsel told me after I tried to amend the spelling   
   error (after I appeared) that I was jumping the gun because I   
   could not enter a pre-plea motion before being asked to make a   
   plea. From what I have read this may not be accurate.   
      
   JCT: What a stupid thing to say considering how many times   
   Quashes have been heard "before plea" as it says. Means that's   
   what the judge will agree with! Har har har. First time ever a   
   motion to made before plea but after plea. Har har har. But   
   neat that the judge you find to to amend the spelling error is   
   trapped into the Quash under the same section.   
      
   GM: At this time she advised me not to get a lawyer until   
   after the next court date.. which confused me, however, that   
   works too. She met with the prosecutor before talking to me...   
   and mentioned that they might try to charge me with some form   
   of breach of contract on an unlawful move.   
      
   JCT: Breach of contract sounds civil.   
      
   GM:I told her that was unconstitutional... she was not happy   
   that I had an opinion. I really did not get along with the   
   duty counsel. She also mentioned that in BC charges are rarely   
   withdrawn, and are often stayed. Stayed charges might mean   
   something a little different here..   
   I do not want stayed charges for that creates travel issues..   
   not that I am going anywhere soon, but why shut that down?   
   Anyhows... not good news for the movement.. but not terrible   
   news for me.   
      
   Jct: Better to say Judge Kenkel ruled in the Peddle case they   
   can't stay a charge that is being challenged as a nullity over   
   your head for a year.   
      
   GM: yes... i had that written down... did not even get that   
   far... crown had nothing to offer the judge.. i tried for a   
   pre-plea motion.. the judge advised that I talk to duty   
   counsel.. duty counsel said i was jumping the gun and that   
   this appeared to be constitutional..   
   When she read the first page, I said, no, look, it says no   
   constitution challenge... she pulled ego and said that she had   
   been doing this for 20 years blah blah blah   
      
   JCT: Har har har. Funnier that it's an "experienced" lawyer   
   than inexperienced one screwing up.   
      
   GM: but that was just in my arguments with duty counsel... the   
   judge would not let me show him the motion...   
      
   JCT: Shame on him refusing to let you file a motion. Could be   
   a noteworthy first.   
      
   GM: so i have to wait to make the pre-plea motion.. is that   
   accurate or can I file this Allard Smith motion?   
      
   JCT: Remember, the Crown has already been served and he just   
   wants to get his motion handed in rather than orated. And   
   another judge won't do his job. Since when do courts refuse to   
   file served motions? Seems all over Canada recently.   
      
   GM: and moved to adjourn.. criticizing the prosecutor for not   
   having anything to show me. was a happy friendly judge today..   
   should have got his name...   
      
   The crown prosecutor was both flustered and unhappy.... then   
   appeared angry outside of the courtroom.   
      
   GM: I asked to file a motion to amend a spelling error in   
   section 6.01. May have been better not to have served the   
   prosecutor.... and surprised em.   
      
   Jct: No, if you have their signature on the back, you just   
   need to find the right courthouse to file it in. You must   
   admit, it feels better to the see the Crown on defence.   
   So when do you go back and what for?   
      
   GM: June 9   
      
   JCT: what for   
      
   GM:This time there was no mention.. so it must be production   
   of a controlled substance from the last judge leftovers... but   
   the prosecutor told the judge they were still deciding how to   
   proceed. Again, I have no ISP # so I cannot get a lawyer as   
   there is no filing as to what they are pursuing. That is why   
   the prosecutor looked bad.. and got flustered. No disclosure   
   at this time.   
      
   as i mentioned, the duty counsel met with the prosecutor   
   behind closed doors before meeting with me... and suggested   
   they might try to to find some breach of contract law or some   
   such... which I said would not matter because the license is   
   expired. So I expect they will be digging into my files...   
   which is fine... dig away.   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)