Controversial blogger had ‘anonymous’ help preparing court documents
‘You better have about 10 sheriffs here’
DON MACPHERSON THE DAILY GLEANER
Charles Joseph LeBlanc admitted in court on Tuesday that he had help writing sworn affidavits and that he didn’t understand or even remember much of what was in those documents.
LeBlanc, 55, of 1-145 Westmorland St. is accused of assaulting Andrew Spencer in downtown Fredericton on July 3,2014.
He previously pleaded not guilty to the summary charge and he was back in provincial court on Tuesday for a hearing on several motions,including one for further disclosure from the Crown.
LeBlanc has a contentious history with the Fredericton Police Force, and because of that, the city police asked the Miramichi Police Force to investigate Spencer’s complaint against LeBlanc.
It did, and it recommended the assault charge, which was approved by the Crown.
LeBlanc claims the Fredericton police influenced the investigation and is looking for disclosure to back him up. He’s also filed motions to have the charge declared null and void. A hearing was scheduled in provincial court on Tuesday to hear his pre-trial motions, but LeBlanc noted his legal aid appeal was denied. He said he needed a lawyer and asked for a hearing to determine if the court could order state-funded counsel. “Are you prepared for your hearing today?”Judge Brian McLean asked him. “No,I’m not,Your Honour,”LeBlanc answered. The judge reminded him that when he granted an adjournment on May 7, the hearing would be going ahead on the next court date, regardless if he had defence counsel. “These are issues that you’ve put before the court,”McLean said.
Referring to a letter LeBlanc filed with the court, the judge pointed out that the defendant has known since May 29 he’d been denied legal aid.
The court also heard LeBlanc didn’t advise Crown prosecutor Sebastien Michaud of his failed legal aid appeal or his intent to apply for state-funded counsel.
“All I want is a fair hearing, a fair trial” LeBlanc told the court,reiterating repeatedly he needed a lawyer.
He said he’s mentally incapable of cross-examining Fredericton police officers, specifically Staff Sgt. Matt Myers, who was present in court, apparently to be called as a witness in the hearing.
“I can’t cross-examine that man,” the blogger said, calling Myers“a snake.”
“You’re the person who filed the application” the judge said.“I’m going to ask you to respect the process.”
Michaud pointed out LeBlanc has known since early May who was on the Crown’s witness list for the hearing.
McLean told LeBlanc he said nothing about being unable to face Fredericton police officers when he was last before him on May 7.
LeBlanc said it didn’t hit him until after his last court appearance.
The judge said the choice to cross-examine Fredericton police witnesses is optional.
“No one’s making you do anything,”he told LeBlanc.
The defendant, getting more and more frustrated,said he wasn’t prepared to proceed but he’d give it a shot.
“But you better have about 10 sheriffs here,”he said.
Two of LeBlanc’s supporters – Norma Christie and Sally Brooks – started speaking aloud in the gallery while court was in session,irked with the judge’s decisions and comments.
McLean told them they had to be quiet and refused to hear from Brooks. He called for the sheriff to step forward. Christie left of her own accord, and Brooks sat and stopped speaking.
During a court recess, the sheriff told the small group if any one of them spoke out again, he’d eject them all.
Over the defendant’s objections, the hearing proceeded as scheduled,with Le-Blanc relying on several sworn affidavits he’d filed with the court, laying out his arguments and facts to justify them.
Michaud said before he called his police witnesses, he wanted a chance to cross-examine LeBlanc on those affidavits.
LeBlanc initially refused to take the witness stand.
“I have the right not to incriminate myself on my ignorance of the law,”he said, reiterating he needed a lawyer.
After it was made clear the Crown would move to dismiss his motions if he didn’t submit to cross-examination, Le-Blanc agreed to testify.
“I have nothing to hide, and I’m ready to go,” the blogger told the court after a lunch recess.
One of LeBlanc’s motions was to nullify the charge, arguing it wasn’t sworn properly and shouldn’t stand.He contends the Miramichi officer who laid the information shouldn’t have done so because he wasn’t the one who investigated.
Generally, individuals who swear charges, or informations, in court are rarely those who conducted the investigations. For example, the city police liaison officer who lays and swears the vast majority of informations is responsible mainly for that, managing police court files and ensuring police witnesses are available when required.
Michaud questioned LeBlanc about his affidavits, including the one he filed for the nullity motion, asking him if he was familiar with it.
“I glanced through it,”he said.
He said he had friends who helped him prepare the affidavits.
When pressed by the Crown about who was helping him with the material, Le-Blanc refused to name names. “I won’t disclose who is helping me,”he said. When Michaud questioned him about some of the statements in those documents,he wasn’t sure what all of them actually meant. He attributed some of that to his health. “I’ve been suffering seizures, and I’m forgetting stuff,” LeBlanc said, later adding he was getting help“from people who want to remain anonymous.” The blogger briefly paused and asked the court if his refusal to identify those parties was some kind of infraction. “Am I in trouble because I don’t…?”he asked McLean.
The judge explained to LeBlanc it was relevant because he swore he knew the contents of the affidavits and believed them to be true. That others were involved in crafting them is something for the court to consider.
“You have to know that information or you don’t know that information,” Mc-Lean said.
Michaud didn’t press the issue.
LeBlanc testified the assault complaint from Spencer is connected to the city police force’s scuttled effort to charge him with criminal libel in 2012, which in turn flowed from his recording of a city police officer using force to effect an arrest years before.
“Ever since then (2012), I do not trust the members of the Fredericton Police Force,”he said.
“There’s a vendetta against you?” Michaud asked.
“Yes, no doubt about it,”LeBlanc said.
Mid-afternoon, the judge noted it was clear the court wasn’t going to get through all of the evidence, as Michaud noted he had four police witnesses – two from Miramichi and two from Fredericton – to call.
LeBlanc also complained of being mentally drained after his cross-examination and of suffering from a headache.
McLean adjourned the continuation of the hearing to Aug. 26.
Charles LeBlanc, a controversial Fredericton blogger, is shown in this file photo. Photo: Don MacPherson/Daily Gleaner archive
