A By-Stander point of view on Blogger Charles LeBlanc's hearing!!!!

JUSTICE NEW BRUNSWICK STYLE

Hearing 26th August 2015: R. v. LeBlanc

At Charles’ hearing, on 26th August, Miramichi Detective Constables Greg Scott and Shane Henderson testified, under oath, for the Crown. Scott testified he swore on oath, before Julian Dickson, that he “had reasonable and probable grounds to believe, and does believe” Charles assaulted Andrew Spencer, July 3, 2014. On cross examination Scott said, if he had known certain other information, he was not sure he would have sworn the charge.

The judge refused to allow video evidence to be played, that Charles knows would prove Spencer filed a false complaint, and the police and Crown never had a case. The video interview was the reason Andrew Spencer - our drunk, abusive “poet” - crossed a street and confronted Charles. The police officers both swore, again and again, Spencer “confronted” Charles, Spencer admitted to “confronting” Charles, the confrontation was about the video interview, and neither of them had viewed the interview, or obtained a copy. They had no idea the interview was uploaded two years before Spencer suddenly decided to confront Charles about it. The Crown and judge said all of that is irrelevant, and asked Charles to stick to the facts!

This is the video the so-called Poet is all upset about - <Miramichi Police believe I'm producing Child porn with this video >

The judge even interrupted to stop the police answering certain questions. He also argued the Crown case. He interrupted Charles a lot, clearly didn’t want him to cross examine the officers, and seemed to have decided to throw out Charles’ motion before he even stepped into the court room. He interrupted the first officer’s testimony to say, if the second officer gave the same evidence, the charge was properly sworn and the motion would be dismissed. Many times McLean said he was accommodating Charles, as a self-represented defendant. In truth, he just kept interrupting, to confuse and distract him.

McLean also told Charles the judges have nothing to do with transcripts and court audio, do not even see the applications, and he could not think of anything he could do to help with that matter, which is not accurate. The court administration told Charles Justice Dickson refused his application, for the audio recordings of the hearings, prior to McLean taking over. I, and others, have been told: release of court recordings must be approved by the presiding judge. Justice McLean told Charles he had been a criminal defence lawyer for many, many years, so he knew Charles should have been granted the entire proceeding so far, on disk, for $20.

S/Sgt. Matt Myers sent this allegation to the Miramichi, and instigated a prosecution, with no evidence to support it, other than the word of a drunk, abusive street person.

Let us not forget: Myers was one of the arresting officers, in the monumentally flawed attempt to charge and convict his fellow officer, Jeff Smiley. At the Smiley trial Myers admitted, under oath, that he argued with Smiley and they were not on good terms. We have to ask if he wanted revenge on Smiley. The judge threw the assault charge out, for lack of jurisdiction; ten or more FPF and RCMP officers “did not notice” the alleged offence was in Nova Scotia, and they had no jurisdiction. How did they not notice, through eight months of “investigation”? The Crown and Myers wanted to proceed with the breach of undertaking but the judge threw that out as well, saying: if the original charge does not go to trial, any related undertaking is invalid.

Justice David Walker called the police investigation “fundamentally flawed,” and “sloppy”. I think he was being polite.

In December 2014, Smiley told the press:

“...this was a negligent, vindictive investigation dr/>irected at me. I will be filing a formal complaint against the Fredericton Police Force and the RCMP for misconduct, including perjury, fabricating evidence and falsifying police documents, amongst others.” The article went on to say: “Smiley wrote he’s concerned officers who investigated and arrested him might have violated the rights of others in other cases.”

During a recess, between examination of the Miramichi officers, they asked Charles to bring some friends and speak to them. They asked him to sign a peace bond and the prosecution would end! Charles said: if Spencer wants to sign a peace bond, to stay away from him, great. That offer is a sure sign the cops and Crown need a way out.

This proceeding against Charles is not a prosecution – it is persecution. It is systemic abuse of power and a waste of public funds, as this City and province slide deeper into debt. It is time Woodside took responsibility for his rogue police force.