Wednesday, February 08, 2006

Up-Date: A fair trial for John Lucas

I will start by correcting a statement in my last post.

“The rules of court do not apply to John Lucas. Justice Malone provided Mr Lucas with a memorandum of Special Rules on how his “Trial By Judge & Jury”, will be conducted in Queen’s Bench. Justice Malone and his Court of Queen’s Bench Special Rules are an affront to justice ---“

The Special Rules supplied to John Lucas by Justice Malone were written by Justice Ball. Apparently the rules apply to all lawyerless litigants. I will search for a copy of these rules and post it. I would think the rules are a means of speeding up the court process by setting out what is required by the accused and the prosecutor.

Its been over two years that Mr Lucas has been trying to obtain full disclosure from the Crown. The law requires the Crown to make a full disclosure. As long as the accused party has a lawyer there will not be a full disclosure by the Crown. Wilfred Hathway and many others before him have found this out the hard way. If the accused fires his lawyer or lawyers the Crown will then claim that the delay has been caused by the accused because he or she has fired their lawyer or lawyers. Of course the court will agree with the prosecutor as if there are no incompetent lawyers in Saskatoon. Any attempt to introduce new evidence on appeal is seldom successful. In fact the Saskatchewan Court of Appeal will not only not allow new evidence the court will claim that there was no attempt to obtain the new evidence or question the lack of the evidence at trial and therefore the accused lawyer did not think the withheld evidence was important as there was no attempt to obtain it, before or during the trial. The only hope an accused has of obtaining a full disclosure is to get rid of the lawyer and demand a full disclosure.

This is not the case in Justice Hrabinsky, Justice G A Smith or Justice Dovell‘s court. Corrupt judges and prosecutors make up their own rules. They can only succeed when they have the support of the Attorney General and corrupt judges within the Court of Appeal. Welcome to Saskatchewan.

One of the other issues is the authenticity of John Lucas’s documents. At the time of Johanna Lucas’s trial justice Hrabinsky refused to accept documents into evidence and was questioning the authenticity of Johanna Lucas’s documents. Saskatchewan Justice was also withholding other documents in their procession. The administration of justice, the City of Saskatoon, courts and Crown were protecting themselves from public scrutiny after the convictions in the Ross, Ross and White and the charging of the Klassen family and other satanic ritual abuse cases in Saskatoon and area. Some of the documents and tapes being distributed by Johanna Lucas were not used or not entered into evidence at the Saskatchewan Justice Ross, Ross and White witch hunt. Blame it on the lawyers was the response from the justices of the Court of Appeal.

What happened in Saskatoon during the satanic ritual hysteria was so incredible that reasonable thinking people would have trouble believing the truth. Saskatchewan Justice relied on the unbelievable truth of what happened and abused the public trust and respect for the administration of justice by protecting religious extremists within Saskatchewan Justice, Social Services and the Saskatoon Police Service.

The failure of Saskatchewan Justice and Social Services to protect the Ross children from sick and perverted public servants was equally as unbelievable.

Officers of the court who engaged in the cover-up by jailing Johanna Lucas, jailing and persecuting John Lucas, sealing documents and evidence, issuing cooked up court orders, publication bans and dismissing the claims of people seeking justice and the truth would have had no way of knowing at the time that a man with a grade seven education was going to drag the people responsible kicking and screaming to justice and the truth over 10 years later. By doing this, he exposed the corruption within Saskatchewan Justice, Justice Hrabinsky‘s and Madam Justice Dovell’s courts, prosecutors office, Saskatoon Police Service and the legal community in Saskatoon.

To this day the 8 year old Ross twins are being accused by the media and Saskatchewan Justice of being responsible for the work of these sick and perverted public servants. The twins told these fools that they were not sexually assaulted by anyone other then by their older brother. The documents and tapes withheld by the Crown clearly detail the girls saying they were being raped by their brother. One of the sick fools asked an eight year old girl, “did you enjoy it” after she told her that her brother raped her. One of the twins wrote a note asking a social worker for help because her brother would not stop raping her. The girls were left to be raped and tortured for 4 years while these jackasses were busy manufacturing the malicious prosecution they were found guilty of over 10 years later. This all could have been avoided if one judge, prosecutor, doctor, politician had stood up for justice and the truth. Saskatchewan’s Shame.

The Crown is withholding documents and required Mr Lucas to make application to the trial judge for disclosure. Why? The law requires a full disclosure by the Crown. The Crown is refusing to subpoena Mr Lucas witnesses and expects Mr Lucas to make application to the trial judge. Why? The rules state that the Crown is to subpoena witnesses. The Crown expected Mr Lucas to request Justice Ted Malone removed himself as the trial judge. Why would Mr Lucas be responsible for requesting a judge remove himself as the trial judge? The removal of Justice Malone as the trial judge was the first step towards a fair trial. The fact Justice Malone would not be hearing Mr Lucas’s application was the second step towards a fair trial. Where there is an injustice, obviously seen and clearly understood, there must be a full exposure of the truth. Justice must be seen to be done.

Saskatchewan Justice must punish its own criminals, not to appease the public, to the satisfaction of all the people injured and who have had their lives destroyed in Saskatchewan. Uphold the law.

Mr Lucas withdrew his motion. A conference call between Mr Lucas, the prosecutor and Justice Ball has resulted in what must been seen as being very positive for both Mr Lucas and the prosecutor. Mr Lucas’s witnesses will be subpoenaed. The documents will be discussed between them, I would think this will result in something along the lines of an agreed statement as to facts only this will be an agreed statement as to documents and evidence. Two judges with knowledge of the case have agreed to hear any applications. This is unusual and I do not fully understand why this is being done as once the trial judge has been selected I believe any applications are no longer heard in chambers but by the trial judge. This could have more to do with there being thousands of documents and a trial date in October and a new judge who has limited knowledge of the case. In any event the message I get is that Mr Justice Ball is the third step towards a fair trial. A fair trial for Mr Lucas, now that’s headline news.

1 comment:

Admin said...

Thank you James for the update! I look forward to seeing justice for John Lucas.