"In the interest of a young lady, who is at such a sweet and tender innocent age...".
And they would seal the court room and apply a publicity ban so that no one could find out what was going on or speculate on what they thought had gone on so as to "not further HER embarrassment".
They even applied for and won the right to place a screen up in front of my accuser before they would bring me in so that she wouldn't have to look at me while she testified. My lawyers once explained that even though I technically had the right under law to face my accuser the screen prevented me from threatening her with looks.
...So we're just going to ignore my rights then? Welcome to Canada, the land where rights are subject to interpretation.
In serious cases like this one they run a mini trial first where all the charges and evidence is presented and debated and a judge decides if there is enough merit for a full on official trial or not. You might recall from my previous blog entry, "Lazy Lawyers", this trial was actually delayed and I had to spend an additional 3 days in jail because my accuser failed to appear in court. The crown prosecution admits that according to police phone records, (my accuser) made a phone call to the police in which she tried to explain she would not be able to attend court. However, when they transfered her to the correct person, she had already hung up. The crown tried to cover her ass that day by claiming;
Anyways, the pretrial continuation date arrives just before Christmas 2012. This time I didn't have to turn myself in 3 days before which I felt was very nice of them. I just had to drive nearly 400 kilometers and then turn myself over to the RCMP so they could bring me to court. Despite the heavy snow storm where I lived, I did as requested. Once the RCMP turned me over to court sheriffs, the court sheriffs thought it ridiculous that they didn't even put me in a cell. I watched them set up the screen again and watched (my accuser's) mother pose as my accuser to check the view and make sure (my accuser) wouldn't be able to see me. Pre-trial was scheduled to begin at 9:00 am but they made me wait to be last, after they cleared the docket.
Under cross examination, my lawyer asks my accuser to talk about why she didn't show up for court as ordered by the judge. She admits she was partying with friends and getting drunk (she was 17 and therefore underage) and high on drugs. She claims she couldn't call in because nobody at this party had a cell phone. Yet somehow she managed to make a call to her mother to inquire about what time court started. My accuser then admits that she and her drunk and stoned friends were driving around and partying when she was supposed to be in court. So both her and her attorney lied seven months earlier. Throughout this cross examination, my accuser was pulling all sorts of childish antics. She was asking things like;
"Do I have to answer these questions?"
"What if I just leave now, what will happen to me?"
She threw fits of rage, she kept claiming she couldn't remember anything, ...etc. The court room sheriffs were getting visibly annoyed by it. You could see them shake their heads. They would voice to one another in open court;
The defense lawyer then inquires about the other 11 serious allegations of physical and sexual abuse and rape which were made by my accuser against other people, (including 2 proven false allegations of physical abuse which my accuser leveled against her then 29 year old boyfriend and his mother nearly a year AFTER the rape allegations she filed against me)! In each and every single case, my accuser either admitted to lying or was caught lying. True to form, under oath, my accuser RE-ACCUSES her ex-boyfriend and his mother again. Despite the fact, that matter had already been closed in court! The judge rules that they are all separate issues, and that the defense is not allowed to discuss them as they have no bearing on my particular case! Eleven instances of false accusations. How could none of this matter? Shouldn't ELEVEN instances indicate a propensity of lying?
My accuser's response to this was she stormed off the stand without permission, kicked open a set of double doors and exited the court room. We could all hear her yell to her mother;
"They are asking about [name withheld]! They are so fucking fucked! That was five years ago!"
Eventually, they brought her back on the stand and my accuser tells my attorney;
"That was 5 years ago, people! Move on from those kinds of things! Get over it!"
(You can read about that court debacle in the blog entry "Acquitted".)
Thanks for reading. More to come.
-Tortured.
Source: Phone Recording: Published on 28 Mar 2014
http://www.youtube.com/watch?v=YnZcm9mnWJE
Source: Blog
http://wheatkings.blogspot.ca/2013/12/looking-back.html