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Transcript Tampering and Wrongful Convictions (James Lockyer ADWC)

Saturday, December 17, 2016 - Judges - Miriam - Court Lawyers notes and observations

Judge Zucker gets slap on the wrist for tampering with transcripts. Lawyer James Lockyer says he has concerns "about whether people are being convicted of crimes they didn’t commit” because a judge appears to be biased. 

Regarding the issues on transcript errors by court reporters and recordings 


QUOTE: "Court reporters are very accurate. You do have a right to review the transcript and alert the court reporter within 30 days after it was issued as to any errors.

Most witnesses waive this right on the record during the deposition because court reporters rarely make mistakes.

I once had a client who reviewed her deposition (in an employment case) and insisted that there were numerous errors and insisted that something be done about it. I was perturbed with my client because I trusted the court reporter more than my client's memory. I contacted the reporter and she was gracious enough to let my client listen to the tape recording of the deposition (we were within our 30 days).

My client found no errors after listening to the tapes. If it is past the time for you to send corrections to the court reporter, it would do you no good to listen tapes because you cannot make changes or issue an "errata" sheet to show portions you disagree with."


Lawyers don't want to accuse judges because they can be punished:


Its not impossible to catch a judge however:

Judge Zucker gets slap on the wrist for tampering with transcripts

see the Toronto sun article found at the Canada Court Watch Site


Section 139 (1) of the Criminal Code as stated:

139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding, is guilty of:

(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(d) an offence punishable on summary conviction.



And making matters worse, a typo in the court transcript of the babysitter’s confession wrongly said the force of his blows to Jenna’s body “wouldn’t have” have broken her ribs. In fact, when Waudby’s lawyer Julie Kirkpatrick heard a tape of the confession, he said they “would” have.

That error in court record has been fixed. And now so has a much greater one.

Waudby should have been treated as a victim not a perpetrator, said Fuerst.

The wrongful conviction meant years of isolation, depression and public humiliation for Waudby, with even her eldest daughter doubting her innocence at one point, Fuerst said.

Their insistence relied on a transcript of the babysitter’s confession that although he made “good solid jabs” to the girl’s stomach, his punches “wouldn’t have been enough force to break ribs.” The Crown’s conclusion: Waudby beat her toddler.

But Waudby and her dogged lawyer, Julie Kirkpatrick, knew that wasn’t true. But they couldn’t get their hands on the tape of the confession until she filed an appeal and received the evidence in disclosure.

J.D. actually said the exact opposite: his blows “would have had enough force to break ribs.” The court reporter had reported it incorrectly.

- Court Lawyers notes and observations
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Saturday, December 17, 2016
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