'The only reason everybody has their tail
feathers in a knot is because I'm a judge'

May 06, 2004

ZGram - Where Truth is Destiny

For once, I am sending you tomorrow's ZGram today, since the story is hot, and more is to come, I am sure. Here is a partial explanation why Judge Marshall changed her mind about testifying.

Let me just preface this article by telling what I have heard many, many times - not just from Ernst, but from others who attended the 1985 First Great Holocaust Trial that challenged the Holocaust Myth.

Judge Lauren Marshall was then a young Attorney Marshall - I believe the first attorney courageous enough to take on the Zundel case, after some 13 lawyers backed out and headed for the nearest mouse hole. As she approached court, flanked by two Mounties, some 400 Jews, protesting the trial, started spitting at her. I have been told she was so covered with yellow saliva that it ran from her face into her cleavage.

Now I ask you: Would civilized people behave like camels, spitting? This is one disgusting incident that speaks volumes!

Here is Kirk Makin's write-up:

[START]

The Globe and Mail - Canada Wednesday, May 05/04

'The only reason everybody has their tail feathers in a knot is because I'm a judge'

By KIRK MAKIN

JUSTICE REPORTER

An Ontario judge stunned a courtroom awaiting her testimony at Holocaust denier Ernst Zundel's deportation hearing yesterday by instead launching a bid to avoid testifying.

Ontario Court Judge Lauren Marshall -- who represented Mr. Zundel in the 1980s -- retained lawyer Paul Stern virtually overnight to try and quash her subpoena, claiming that she has no "material evidence" to offer.

"It is not a matter of any kind of backing off," Senior Regional Judge Marshall said in a telephone interview yesterday. She was adamant that she has not been under pressure. "Absolutely not," Judge Marshall said. "The only reason everybody has their tail feathers in a knot is because I'm a judge."

Mr. Zundel's legal team reacted angrily. Lawyer Peter Lindsay said Judge Marshall's change of heart was inexplicable in light of her "specific and unequivocal" agreement as recently as Monday morning to freely recount the extraordinary lengths to which authorities went in their efforts to deport her former client.

"A cynical person would say some pressure has been brought to bear on her honour," Mr. Lindsay said. "I don't have any other explanation. Ironically, her unwillingness to testify may support my theory that Zundel is treated differently than anyone else. So much pressure is brought to bear that even a judge will agree to testify and then later decide not to."

He said he only issued a subpoena to her after ascertaining that she would voluntarily appear.

"Until I started to talk to her lawyer, there was zero doubt she was coming voluntarily," Mr. Lindsay added. "In fact, I met with her on several occasions for a total of two hours and talked about everything she was going to say."

While Judge Marshall had no intention of supporting Mr. Zundel's views, Mr. Lindsay said, she told him that she would describe the government's approach to deporting Mr. Zundel as "outrageous." Judge Marshall also said she had been "shocked" and "dumbfounded" at the degree of political direction she had perceived in the Zundel case, Mr. Lindsay said.

He said that in addition, Judge Marshall planned to describe being set upon by members of the Jewish Defence League at Mr. Zundel's 1985 court appearances, and that she was spat on and hit with a stick.

Mr. Lindsay and co-counsel Chi-Kun Shi are seeking to strike down a controversial anti-terrorism measure known as a security certificate, used to deport non-citizens who may pose a security risk. A security certificate is signed by two federal cabinet ministers who, based on secret intelligence, decide that an immigrant should be deported as a danger to Canadians.

Even alleged spies and terrorists normally targeted this way are not permitted access to the precise allegations against them. The two lawyers maintain that Mr. Zundel's removal is attributable to cabinet ministers who were successfully lobbied by interest groups.

Judge Marshall said in the interview that until she read a Globe and Mail article last Friday revealing her coming court appearance, she had been "naive enough" to think she could pop by the courtroom, answer a few questions on the witness stand, and be on her way.

"I didn't even think I needed counsel until I saw the story and realized this thing could take on a life of its own," she said. "Once it all gets straightened out, I fully expect that I may be testifying. If so, I will co-operate fully."

Judge Marshall said that when Mr. Zundel's lawyers originally approached her to testify, she saw no reason not to perform her civic duty and do so. "I was persuaded that I might have some relevant evidence. As a result, I said that if I was subpoenaed, I wasn't going to fight the subpoena."

However, some have since misunderstood this to mean she was somehow "crusading" on behalf of Mr. Zundel, Judge Marshall said. She said that after looking into the matter more closely, she realized that she might be required to answer questions that infringe on solicitor-client privilege.

Federal Court of Canada Judge Pierre Blais was unable to hear arguments from Mr. Stern yesterday.

The hearing continues today.

<http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040505/

ZUNDEL05/TPNational/TopStories

[END]

===== ===== =====

Reminder:

Help free Ernst Zundel, Prisoner of Conscience. His prison sketches - now on-line and highly popular - help pay for his defence. Take a look - and tell a friend.

http://www.zundelsite.org/gallery/donations/index.html

Contribute to Ernst Zündel's Defence

Table of Contents for additional articles

Revisionism 101: Basic Revisionism

Revisionism 201 for Holocaust Skeptics

"David against Goliath": Ernst Zündel, fighting the New World Order

"Lebensraum!": Ingrid Rimland, pioneering a True World Order