Aug 4, 2003
ZGram - Where Truth is Destiny: Now more than ever!
Paul Fromm, who is the on-location legal representative for
Ernst, sent me the following, to which I would like to add a brief comment:
[START]
Dear Free Speech Supporter:
Most people rely on the media for their news and
information. The following news story is an excellent example of how our
mass media keep us ignorant of essential facts.
Sometimes, they outright lie and slander, especially those
set up by the enemies of free speech for defamation and destruction.
Sometimes, it's more subtle.
I'd like you to examine Adrian Humphreys' report in the
NATIONAL POST (July 31, 2003). Humphreys was present through most of the
three days of the Zundel hearings this week. His is the most extensive
report in the mainline press. Unlike the CSIS rant against Zundel, it is
relatively free -- not entirely -- of loaded phrases "holocaust
denier", to be sure. It presents the facts in a reasonably balanced
manner.
On the surface, it appears complete and fair, but it
isn't! I've included my own report on the last day of the Zundel hearing.
Three important things happened: 1. Doug Christie asked the judge to
recuse himself for bias; 2. the judge granted the government's request for
yet another secret hearing, where the accused will be kept in the dark as
to the witnesses and evidence presented against him; and 3. there was
extensive discussion of Ernst Zundel's deteriorating medical condition and
the judge promised action to improve conditions in prison where he's
denied a pillow, herbal medication, a pen, a chair, highlighters and
post-it notes.
Is the light beginning to dawn?
The apparently fair report left the last two items out.
These items would enrage most people and make even many anti-Zundelites
feel sympathy toward him. However, the reader, unless he's on the
Internet, will never know these shocking facts.
Is Humphreys a slick propagandist? It's hard to say. We
don't know what he wrote. Perhaps, he wrote a full report and his editor
trimmed it.
Regardless, the power to select, the power to omit, can
sometimes be an even more potent weapon for deceit than outright lies.
[END]
Next follows Adrian Humphrey's July 31, 2003 National Post
write-up:
[START]
TORONTO - Ernst Zundel's lawyer yesterday asked the judge
hearing the national security case against the prominent Holocaust denier to
step down for showing "open hostility" toward his client.
Douglas Christie accused Mr. Justice Pierre Blais of the
Federal Court of Canada of "badgering and accusing the witness of
lying" and intervening during Mr. Zundel's testimony in a manner
"more aggressive than the prosecutors.''
"You have entered into the arena and expressed
hostility to the accused," Mr. Christie said at the start of
yesterday's hearing, a continuation of the lengthy detention review of Mr.
Zundel. The federal government has declared him a threat to national
security as the alleged patriarch of the violent white supremacist movement.
Mr. Christie gave as examples comments he said Judge Blais
made during Tuesday's cross-examination of Mr. Zundel, including telling him
to stop "snaking around" the facts; that he does not believe his
testimony about who runs the Zundel Web site; and that the more Mr. Zundel
talks, the less the judge believes him.
Judge Blais' reported remarks suggest he has made up his
mind on the matter prior to hearing all the evidence, Mr. Christie said in
making a formal motion for the judge to stand down.
He said a new judge should replace him, one who has not
demonstrated "open hostility" toward Mr. Zundel.
The issue of Judge Blais' impartiality is more crucial here
than in most court proceedings. Under the Immigration and Refugee Protection
Act governing national security certificate cases -- when the government
declares a non-citizen a threat to the nation and orders him deported --
there is no appeal of the sole judge's decision.
"Without the means of other judicial supervision, it is
all the more reason to ensure that there is no reasonable apprehension of
bias," Mr. Christie said. "You are, therefore, a court of last
resort."
Donald MacIntosh, the lead lawyer for the government,
rejected Mr. Christie's claims, calling them "specious."
"No reasonable observer would draw those
conclusions," he told Judge Blais. "You were merely alerting the
witness ... that you have some doubts."
He said Judge Blais has "demonstrated
even-handedness" because the judge has also interjected to redirect
government lawyers during their questioning.
Judge Blais said the issue was extremely serious and charted
new territory for the national security certificate process. As such, he
would need time to think about the motion. "It is very
interesting," he said. "Interesting enough to think about."
After close to an hour deliberating in private, Judge Blais
returned to say he would continue with the bail portion of the review and
rule on the motion for him to step down after a transcript of the previous
day's hearing was available for review. He said he would deliver a decision
when the hearing resumes in September.
Outside of court, representatives of Canadian Jewish groups
who are monitoring the hearing expressed confidence in Judge Blais'
impartiality.
Anita Bromberg, in-house counsel for B'nai Brith Canada,
said Judge Blais is fair and astute. "I agreed with the judge's
comments that Zundel's attempts at avoidance on the issue of whether he
exerts control over the content of the Zundel Web site were simply not
believable."
Ms. Bromberg expressed dismay at Mr. Christie's motion,
saying: "Fairness is not only owed to Mr. Zundel but to all
Canadians."
Len Rudner, a spokesman for the Canadian Jewish Congress,
said the judge's comments were focused and qualified. "I do not believe
these comments represent bias on the part of the justice. Just because the
motion was put forward in no way means that there was bias and in no way
means that Zundel will not get a fair trial."
Paul Fromm, a long-time activist with the far right who acts
as a legal representative for Mr. Zundel in Mr. Christie's absence, said the
judge's words call the process into question. "The comments made to Mr.
Zundel that the judge didn't believe him tainted the rest of the trial. I
don't think Ernst Zundel can be confident that he is being given an
impartial or unbiased hearing," he said.
Mr. Zundel was certified as a security threat and has been
held in solitary confinement while Judge Blais reviews the reasonableness of
the government's declaration. Mr. Zundel is slated for deportation to his
native Germany, where he faces a charge of inciting hatred.
[END]
Ingrid's comments:
Here I would like to put in a word for Adrian Humphreys. I
personally don't know this reporter, but I have in the past been embarrassed
by criticism from our own people about his write-ups. I considered that
criticism poorly focused and insulting, and I have been impressed by his
calm and rational replies.
Humphreys works for the National Post, a paper that has been
anything but fair in its coverage of the Zundel struggle. He has no
editorial control and certainly can't choose the headlines. That he got the
"snaking around" comment in by the judge is a feat. How would a
Jew feel if a judge told him in a hearing that the more he talked, the less
was he believable, that he was "snaking around"? You'd never hear
the end of it from B'nai Brith! And Paul Fromm is right - we don't know how
much might have been written about the request for another hearing in
camera, and about Ernst's very serious health concerns, of which I only
learned a few days ago. We cannot have the Canadian public feel even a
twinge of guilt, can we, for holding this man in inhuman detention, now for
six months already - when all he "missed" was an "immigration
interview" that was never scheduled to begin with, and of which he was
never aware? I thought this write-up, truncated though it might have been,
at least refrained from calling him names!
And speaking of health concerns, here I want to add
something else that Ernst might be upset about that I am putting it out on
the air, but I have been sufficiently troubled that I feel I simply have to
do it. And it is this:
A supporter sent me a greatly enlarged color photo as part
of one of the media write-ups, and I don't like at all what it reveals.
Ernst has a look on his face I have never seen before. I don't know how to
describe it. There is a big red bruise on his face near his left ear that
even shows up on his ear itself, and there is a very noticeable swelling
protruding from out of his ear. There is also some blood and a large blister
on his lips. I asked him twice if he has been physically abused. He denied
it. He did not sound convincing to me. He has repeatedly said in letters to
supporters, "I am being treated correctly." In my opinion, he is
saying that too much, with too much emphasis, over and over again. I have at
least ten copies of such letters with that statement.
He said to me when I pressed him about what I see in that
picture, "When that picture was taken, I was very disturbed." I
should also state, for the sake of fairness, that the photo was taken, as
far as I know, while he was still in Thorold, right after he asked SIRC to
look into the revelations in Covert Entry, the book that documents CSIS
knowledge of the 1995 parcel bomb that was sent to the Zundel-Haus from
Vancouver. Ernst came to that Thorold/Niagara Falls hearing, not looking at
anyone, not greeting anyone. His supporters, some of them near tears, were
very upset that he did not acknowledge their presence. Immediately after the
hearing, he was transferred to Rexdale, one of Canada's most notorious and
unpleasant prisons. The first time he was allowed to call out, he said to
me, with three guards standing at his elbow, "Hess had it
easy...", referring to Rudolf Hess's lifelong incarceration at Spandau
that ended in his murder - at age 93, if I remember right.
When I pressed Ernst about the strange look on his face in
that picture and what looks like a large bruise on his face, in connection
with his odd behavior during that hearing, he avoided giving me a direct
answer but only said: "I have to obey rules. I was told not to 'signal'
to anyone. I was not allowed to wave or shake hands. If prison rules are
broken, it could mean weeks of no telephone or no access to canteen
materials. It would mean I could not write or draw or call collect. These
guards have strict rules, they are dealing with violent criminals. I am
probably the only dissident in all of Canada."
He added, but not energetically the way he often speaks,
that I should not "imagine" something that wasn't there, and he
said specifically, "I am not being beaten. I would tell you."
I'm not so sure.
You make of it what you will. I am so upset about this
picture, I feel like offering myself as a hostage so Ernst can get out and
have an honest doctor look at his condition and get a good feel for what is
going on. Or should we do what some Zundel supporters have already offered -
to alternately offer themselves as Prisoners of Conscience Substitutes to
register a public protest that WOULD get adequate media attention?!
How many of you would be willing to volunteer to spend a
week in the slammer to know what it feels like, and to give Ernst Zundel
some relief? I would. I already know what it's like, since I did part of my
internship working with juveniles in detention. I can tell you, jail is not
a pleasant place - and what is happening inside does not often get told on
the outside.
Write to Canada's Immigration Minister and complain
over the unfair treatment Ernst Zündel has received.
Immigration Minister Denis Coderre
House of Commons
Parliament Buildings
Ottawa, Ontario
K1A 0A6
Telephone: (613) 995-6108
Fax: (613) 995-9755
Email: Coderre.D@parl.gc.ca |
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