Judge tells blogger to stop bringing up irrelevant issues at hearing

D0N MAGPHERS0N ~ Fredericton Daily Gleaner
August 27, 2015

Charles LeBlanc, a blogger was in court on Wednesday.
Photo: Don MacPherson/Daily Gleaner Archive

A Fredericton blogger's arguments to quash an assault charge against him before trial didn't seem to persuade a judge on Wednesday.

Charles Joseph LeBlanc, 56, of 1-145 Westmorland St. faces a summary charge of assault, alleging an incident involving complainant Andrew Spencer on July 3, 2014.

LeBlanc who's representing himself after being denied legal aid, filed several pre-trial motions with the court,and a hearing to determine those issues resumed in provincial court on Wednesday.

The motion the court was dealing with first on Wednesday was the one in which  LeBlanc contends the charge against him should be quashed because he alleges it wasn't properly sworn before a judge.

To refute that allegation,Crown prosecutor Sebastien Michaud called two members of the Miramichi Police Force as witnesses: Const Shane Henderson and Const. Greg Scott. 

Henderson testified he conducted the investigation at the request of the Fredericton Police Force.

The alleged assault reportedly occurred in Fredericton, but given the city police force's contentious history with LeBlanc, it asked the outside police agency to handle the case.

Henderson testified about his investigation, noting he interviewed Spencer and took a video statement from him.

He also noted he learned from a video LeBlanc posted on YouTube in November there was a witness to the incident: Terry Wishart. Henderson got a sworn, video-recorded statement from him as well, and he said Wishart's comments supported Spencer's report.

"Mr. Wishart did state that Mr. LeBlanc did strike Mr. Spencer with a closed fist" Henderson said.

Furthermore,the officer said, LeBlanc made comments in his own video that were consistent wilh what the investigation had revealed to that  point.

As such, he said, he felt he had reasonable and probable grounds to believe  LeBlanc had assaulted Spencer by striking him once in the head with a closed fist.

 Testimony presented at the motion hearing doesn't constitute proof beyond a reasonable doubt. and despite what was said, LeBlanc remains innocent of the charge until proven guilty.

Under cross-examination by LeBlanc, Henderson said he did check the area in downtown Fredericton where the assault is alleged to have occurred to determine if any video camera captured those events. He said he found no video.

"I wish I had that" Henderson said.

"I wish you did too. It would've proven that I'm not guilty," LeBlanc countered.

Henderson noted he relayed the details and progress of his investigation to Scott, a fellow Miramichi police detective. Scott is the one who travelled to Fredericton on Jan, 2 and laid the information with the court, swearing he believed it to be true.

Scott testified he also had reasonable and probable grounds to believe the assault had occurred. He noted he relied on the information Henderson had provided to form those ground.

Judge Brian Mclean noted, as LeBlanc had argued in his written motion, that an officer who swears a charge must have knowledge of the file and believe there's reasonable and probable grounds to support it.

Though the judge has yet to rule on LeBlanc's motion. he repeatedly told the defendant the Miramichi officers' testimony appeared to support the Crown's contention the charge was properly sworn.

Throughout his cross-examination of the police witnesses, LeBlanc tried to explore Spencer's reasons for confronting him in downtown Fredericton at the time of the alleged incident, which was alleged to be irritation he felt over  LeBlanc's video interview of a father and son he conducted for his blog some time ago.

However, Mclean told LeBlanc he needed to focus his attention and the court's on the issue at the heart of his motion that the charge wasn't properly sworn.

The judge said the video wasn't relevant at this point in the proceedings, and he noted it appeared  LeBlanc was trying to try the case rather than deal wilh his pre-trial motions. 

LeBlanc argued that since he was charged summarily, he didn't have the opportunity to have a preliminary hearing to determine if there was sufficient evidence to set the matter over for a trial.

He said he was using the hearings on his motion as a substitute for a preliminary hearing.

This is not a preliminary hearing the judge said.

Mclean reminded him again to limit himself to the issues pertinent to the motion before the court. He said he hoped to get through the hearings on Wednesday, but the digressions were slowing down the process.

"I apologize, I didn't know there was a time limit to get justice,"   LeBlanc retorted.

When cross-examining Scott, LeBlanc repeatedly tried to raise the issue of his conflicts with members of the Fredericton Police Force but the judge kept telling him it wasn't relevant.

Furthermore, Mclean said, Scott had testified he wasn't familiar with the blogger's controversial history with the Fredericton force.

The court also heard evidence relating to another motion  LeBlanc filed that contends the Crown hasn't made full disclosure to the defence.

Henderson testified repeatedly that LeBlanc had been provided with all of the material he had from his file and that nothing was held back.

LeBlanc Told the court he believes there was email communication between members of the Fredericton and Miramichi police forces, suggesting officers in the capital had been influencing the investigation.

He reiterated several times throughout the proceedings on Wednesday that he's in over his head and needs a lawyer.

After a full day of testimony and representations before the court,the hearing adjourned, and Mclean scheduled its continuation for Sept. 18.

The assault trial itself has yet to be scheduled.