From: johnturmel@yahoo.com   
      
   JCT: Recap. Rene Ouellet was charged with growing marijuana.   
   He filed a motion to Quash. At the hearing, the Provincial   
   judge was convinced that it was constitutional issue that   
   needed to be addressed by the Trial Judge. When Rene refused   
   to plead, the judge entered "not guilty" and sent him for   
   preliminary inquiry. At Preliminary Inquiry, that Provincial   
   judge wouldn't deal with the Quash motion either and found   
   sufficient evidence to send him to trial. When Rene refused to   
   elect how, the judge entered "judge and jury" at Superior   
   Court. (that's how it's done, no problem)   
      
   At the first hearing of the Superior Court, the judge said the   
   Quash should have cleaned up the indictment below, he wasn't   
   doing it, and sent it back down to Provincial Court.   
      
   The next Provincial Judge Morand said he understood how Rene   
   needed the Quash motion adjudicated before orienting his case   
   and that he was relying on the Parker and Smith   
   constitutional decisions to avail himself of the benefits. He   
   said he'd speak to the judge of the motion to bring her up to   
   speed. But..   
      
   When Rene appeared before Judge Johanne Roy, she'd been told   
   that it was for his trial, had no clue about the motion that   
   it was really about. And she opened the trial even though   
   Morand had explained the Quash needed to be done before.   
      
   Worse, she says that Rene elected to come back down, not that   
   the judge sent it, and so he can't go back up. She's going to   
   try him! She she opened a "voir dire" to hear the Quash   
   motion. Without ever anyone giving him a chance to plead after   
   her decision. A void dire wasn't necessary, since it was   
   supposed to be heard before plea, before the trial opened.   
   Duh, guess she didn't read the rules that it's supposed to be   
   done before plea and here she is doing it after. Har har har   
   har har har. So it was put off so she could rule on the   
   motion.   
      
   Back last week, she dismissed the Quash motion ruling it did   
   not apply to him because he wasn't sick. Har har har. I guess   
   she didn't notice that J.P. had his charge quashed and he   
   wasn't sick. Duh. And didn't notice that all remaining 4,000   
   charges were then dropped, not only those who were sick. Duh.   
   What a Duhd of a decision.   
      
   Rene told her he was going to be filing a constitutional   
   motion. So she slated a hearing on Oct 25 by which his motion   
   and list of witnesses should be filed.   
      
   Now, I object to him being kept out of a jury trial because   
   the the judge sent it back for the lower court to do it right.   
      
   Let's see if there's something I can do about it. 	   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)