ZGram - 7/31 - "Zundel Bail Hearing: Day 3"

zgrams at zgrams.zundelsite.org zgrams at zgrams.zundelsite.org
Thu Jul 31 05:05:01 EDT 2003







ZGram - Where Truth is Destiny:  Now more than ever!

July 30, 2003

Good Morning from the Zundelsite:

I talked to Ernst last night.  I quote from memory:

"Today it was high drama.  It was like in the olden days.  [Defense 
attorney] Doug Christie was at his best.  He asked the judge to 
recuse himself for bias.  That took real courage - for a lawyer to 
tell a judge he is biased and should not continue hearing this case. 
Doug's performance today was awesome."

When I asked if a decision regarding bail had been made, Ernst said: 
"Of course not.  The government lawyer just keeps on smearing me. 
It's character assassination, as always."

Here is a report from the Zundel Bail Hearings:  Day 3

[START]

CHRISTIE CALLS ON JUDGE TO QUIT FOR BIAS & CROWN GETS ANOTHER
   SECRET  HEARING

ERNST ZUNDEL HEARING - July 30, 2003

CHRISTIE CALLS ON JUDGE TO QUIT FOR BIAS AND CROWN GETS ANOTHER SECRET  HEARING

	B.C. lawyer, Douglas H. Christie electrified a Toronto 
Federal Courtroom  Wednesday when he rose and made a motion calling 
on Judge Pierre Blais to recuse  himself for bias. Mr. Christie said 
that Blais' comments Tuesday where he said he did not believe Ernst 
Zundel did not control the Zundelsite showed a  hostility to the 
German-born publisher that prejudiced the trial. 

	On Tuesday, Judge Blais had said: "Do you think for a minute 
that I'm going  to believe that you have no control over the web 
site. A web site is like a  book." 

	A visibly-upset Doug Christie had risen and objected, "I 
object. A web site  is not like a book. It can change three times or 
more a day. It can change in a  keystroke". 

	As the Immigration and Refugee Protection Act is written, 
Christie said, "No  right of judicial review exists. In normal 
trials, a judge's interruption of  cross examination can be 
supervised by the Court of Appeals but not under this  legislation." 

	"Your Lordship has entered into the arena and displayed 
hostility to the  accused on numerous occasions. You intervened in 
cross examination to  demonstrate open hostility to Mr. Zundel," Mr. 
Christie said. 

	"You said repeatedly you did not believe Mr. Zundel regarding 
the ownership  of the Zundelsite, but this is a bail hearing," Mr. 
Christie argued. "You've not  heard evidence of the owner of the web 
site. Before you have heard from Ingrid  Rimland, the owner of the 
web site, you called Ernst Zundel a liar. To a  reasonable [word 
missing], it would seem that the decision in this trial has already 
been  made," Christie said. In the mind of a reasonable observer, 
this would create a  apprehension of hostility and bias."

	"Your statement regarding disbelief in Mr. Zundel's word was 
far broader. You  said: 'The more you talk, the less I believe you.'" 

	"I point out until all the evidence is heard, judgment as to 
credibility must  be suspended," said Christie. 

	Referring to the book, The Hitler We Loved and Why,  Judge 
Blais had interrupted and questioned Ernst Zundel, "Come on, Mr. 
Zundel, you put this book together."

	"However," Mr. Christie said, "Mr. Zundel had testified Mr. 
Eric Thompson had  put this book together," and Mr. Zundel had simply 
supplied the  photographs.

	"How does this book have anything to do with the security of 
Canada?" Mr.  Christie demanded. "It is at worst opinion. Mr. Zundel 
should not be on trial  for his opinion." 

	Under the Immigration Act in there, where a person is the 
subject of a  Canadian Security and Intelligence Service (CSIS) 
threat to national security  certificate, a judge reviewing the 
reasonableness of this certificate is his one  and only hearing. "You 
are the court of last resort, the court of appeal in this  matter," 
Mr. Christie argued. "It must, therefore, be demonstrable to all 
people  that there is no apprehension of bias. Mr. Zundel is faced 
with instant  deportation. The consequences for him are very severe," 
Canada's Battling  Barrister warned. 

	Mr. Christie said that Judge Blais' bias "is contrary to 
fundamental justice.  A reasonable observer would conclude your 
decision cannot be impartial. Your  Lordship's interventions have 
been more aggressive than the Crown's cross  examination," Mr. 
Christie charged. 

	Later, Doug Christie commented privately that Judge Blais had 
called  investigative journalist Andrew Mitrovica's book, Covert 
Entry, an  expose of CSIS' spy tactics and opening of mail, a novel." 
This book will form  an important part of Mr. Zundel's case. This 
book and its revelation that CSIS  apparently knew that a May 1995 
terrorist bomb was coming for Ernst Zundel and  did nothing will form 
an important part of Mr. Zundel's case.

	Judge Blais noted that it would take until August 12 for the 
transcript to be  prepared. He indicated that he wanted to study the 
exact words used. With the  agreement of both parties, he said he 
would reserve judgment about recusing  himself until some time in 
August. 

	Crown prosecutor, Donald MacIntosh, used most of the rest of 
the day to  question Mr. Zundel about a wide range of connections. 
Although Mr. Zundel had  testified that he had turned down a speaking 
invitation to attend a December 1990 Martyrs' Day Rally sponsored by 
the Heritage Front which honored fallen  dissident, Robert Mathews, 
he was questioned at length about the people who had  attended that 
meeting.

	In CSIS's highly charged accusation against Mr. Zundel, the 
term White  Supremacist is widely used. Ernst Zundel told McIntosh, 
"'White Supremacists' is  not a term used by nationalists or the 
right wing. It is a propaganda term used  by the enemy." 

	Just before the lunch break, the judge dropped his own 
bombshell. "The Crown  has asked for a new presentation in camera," 
he said, referring to another secret  hearing where the defence will 
have no knowledge of who testifies or what is said. 

	"Can your Lordship advise me when this request was made or is 
that secret too," Doug Christie asked. 

	"Yesterday," Judge Blais informed him. 

	Doug Christie demanded that the defence be provided with a 
summary of the  evidence presented in the secret hearing. "I ask that 
your Lordship follow the  same procedure laid down by the Supreme 
Court for SIRC (The Security and  Intelligence Review Committee) in a 
national security case in Chiarelli". In  this ruling, the Supreme 
Court upheld procedures by SIRC whereby in an  immigration and 
national security hearing, secret evidence was heard. The Court 
ruled that the secret hearing did not violate Mr. Chiarelli's Charter 
rights  because his lawyer had been given a summary of the evidence 
and the opportunity  to submit questions to probe this evidence. 
Judge Blais said he rejected Mr.  Christie's interpretation of the 
Chiarelli decision and would not promise any  disclosure. "I will 
accept the request by the Crown to produce new evidence in camera and 
will see whether it is necessary to provide any more summary to Mr. 
Zundel." 

	Before adjourning until September 23 and thus leaving 
revisionist  publisher Ernst Zundel, now ailing, for another two 
months in solitary  confinement at the Metro West Detention Center, 
the matter of Mr. Zundel's  prison conditions was again [raised] by 
Douglas Christie. Mr. Christie reported his  frustration at being 
unable to obtain complete documentary evidence of the  results of Mr. 
Zundel's [medical] tests last week. Mr. Christie also pointed out 
that  Ernst Zundel has been denied a chair, a pillow, pen, 
post-it-notes and  highlighters. 

	An angry Judge Blais said, "If there is any possibility 
within the parameters  of the law, I want to improve his condition. 
"Is there anybody here from the  Detention Center?" he demanded. As 
on Monday, there was no answer from the  provincial prison 
authorities. 

	"I will make a written direction that Mr. Zundel be treated 
with more  flexibility," Judge Blais said. 

	"Even in medieval times, prisoners were allowed to use pen 
and paper," Judge  Blais asserted. "I also have respect for Mr. 
Zundel. He is not a criminal. I  think he is entitled to a little bit 
of flexibility," the Judge said. 

	It was decided that the Crown would send a letter to the 
Province of Ontario  to seek more humane treatment for Mr. Zundel. 
However, if no results are  achieved within a few days, there will be 
a conference call among Judge Blais,  Crown attorney, Donald 
MacIntosh, defense lawyer, Doug Christie and provincial  authorities. 

	All three days of hearings saw the courtroom nearly filled, 
mostly with  supporters of Ernst Zundel, some who had traveled from 
as far away as London.  Angered at yet another secret hearing and 
frustrated by the Crown's seemingly  endless delays and petty 
questioning about Mr. Zundel's obscure political  acquaintances, the 
free speech supporters gave the German-born publisher a  rousing 
cheer as he left the courtroom. 

	Several were in tears as they thanked lawyer, Doug Christie, 
for fighting for  improved health conditions for Mr. Zundel and 
embraced him as he left the  University court building. 

-- Paul Fromm

[END]


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