ZGram - 9/25/2003 - "Maddening!"

[zgrams at zgrams.zundelsite.org]

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

September 25, 2003

Good Morning from the Zundelsite:

Here now is Day Two of the misnamed "Zundel Bail Hearing", summarized 
by Paul Fromm:

[START]

YOU WILL SPEND THANKSGIVING WITH YOUR FAMILY; ERNST WILL SPEND  IT IN JAIL

Dear Free Speech Supporter:

	On Wednesday, the final day in this round of Revisionist 
publisher Ernst
Zundel's detention hearing, before Mr. Justice Pierre Blais, Donald
MacIntosh, the Crown Attorney, talked out the clock, ensuring that Mr.
Zundel will remain in prison for another 13 weeks until the hearings resume
  for three days on December 10.

	Hour after hour, MacIntosh picked away at Mr. Zundel with an ever more
obscure series of questions about people he might have interviewed once or
known slightly. Allegations, often from hostile Jewish sources and
sometimes third and fourth-hand hearsay, were put to him for his agreement
or comment.

	Political prisoner Ernst Zundel arrived in court with five plainclothes
guards. Two sat near him beyond the barrier separating the court officials
and lawyers from the spectators, three more sat among the spectators or
stood along the walls.

	While the lawyers toted their piles of legal volumes on suitcase-like
carts with wheels, Mr. Zundel had to haul his legal papers in two white
pillow cases.

	The day opened with a testy exchange between defence lawyer Douglas H.
Christie and the judge. The judge expressed unhappiness that Mr. Christie
had had a number of meetings with Mr. Zundel, while he was under cross
examination. On July 30, it had been agreed that, provided he did not
discuss Mr. Zundel's evidence, Mr. Christie could phone or visit Mr.
Zundel, to get instructions or to discuss other aspects of the case.

	"I didn't hear a caveat that each and every time I wish to talk to my
client I must inform or ask the Court," Mr. Christie snapped. When
agitated, the judge pronounces "asked" with an aspirate: thus, "hasked". At
the end of the exchange, it was agreed that Mr. Christie could continue to
consult with Mr. Zundel as long as he is under cross-examination -- at
least until December 10 -- provided he does not discuss his evidence or
coach his responses.

	Then Crown Attorney MacIntosh commenced a long and laborious series of
questions about Tom Metzger. Hovering, crow-like in his black robe, his
nose an inch or two above the document on the podium, MacIntosh would spend
long minutes searching for a quotation. More time would be wasted as the
judge, Mr. Zundel on the witness stand, and Mr. Christie, would have to
locate the often unnumbered page being referred to. After each answer, Mr.
MacIntosh would painstakingly make notes of the answer, despite the fact he
had three other legal assistants backing him up. It was a classic
time-waster, like a veteran hockey player who hogs the puck while his team
is ahead to run out the clock.

	In the fishing expedition about Tom Metzger, Mr. MacIntosh 
quoted from an
author named Kaplan who wrote The Encyclopedia of White Power and quoted
Morris Dees quoting Harold Covington's brief quotation of something Tom
Metzger allegedly said. An angry Douglas  Christie objected: "My position
on all these documents is that they're all inadmissible hearsay. You have
allowed the process to degenerate into a political inquisition and
filibuster. It's creating a prejudicial record of guilt-by-association.
This is prejudicial hearsay. It's bad enough that we have to deal with
secret hearings. This is fourth hand hearsay."

	MacIntosh argued: "The statutory scheme of Section 78 [of the 
Immigration
and Refugee Protection Act] clearly states that you can rely evidence you
might not otherwise." Then, in a remarkable one liner indicating how slight
the Crown's burden of proof is, he reminded Mr. Justice Blais: "The case
law is the reasonableness, not necessarily the correctness, of the
certificate."

	The whole sinister process then became clear as a mountain pool. CSIS's
case is a wild series of guilt-by-associations. Mr. Zundel knows or knew a
series of people, some of whom at some time or other may have made an
extreme statement, or are alleged to have done so. Under questioning, he
admits he knew these people. Often, he is called to acknowledge that he
disagrees with a statement he never knew they'd made or to acknowledge that
if they did or advocated what a third party says they did, they might be
considered a terrorist. Then, with this record, the Crown will argue that
the CSIS accusation that Mr. Zundel is a terrorist is "reasonable" -- even
if it isn't true. After all, he admits knowing all these extreme people.
Once again, truth will be no defence.

	Outside the Court, Mr. Christie said: "This is like a Soviet 
show trial.
It's a process of guilt-by-association. The condemned man is forced to
disown or denounce all his friends or associations (like Terry Long, Tom
Metzger, Ewald Althans). That doesn't save him. The Court then says that
his denunciations are untruthful and just calculated to save himself. Then,
all alone now, the prisoner if found guilty and shot."

	This is Canada. Canada ostentatiously doesn't have capital punishment.
However, it condemns a man who is seriously ill to solitary confinement,
denied proper herbal medication, where the reasonable likelihood of the
State's action is the prisoner's death or incapacity.

	In answering Mr. Christie's objection, Mr. Justice Blais was a study in
apparent fairness and convoluted expression. "Mr. Metzger is not here. He is
not the object of this case. The problem I have is that we have 1,806 pages
of documents filed by the Crown. [Ernst had counted them and told the Court
the number the day before.] When he [Mr. Zundel] says 'I don't know or have
any relation with this individual,' that's it. I take very seriously Mr.
Christie's objection. Anyone can make speeches, but it does not mean he's
responsible for others' actions. In a sense, we must be careful about
guilt-by-association. We're here to trial [sic] Mr. Zundel's certificate."

	So far, so good. Then, with a verbal pirouette, the Judge said that, as
these documents were before the Court, the interrogation could continue and
Mr. MacIntosh was off again.

	When questioned on passages from the book The Encyclopedia of 
White Power,
Mr. Zundel said: "Mr. MacIntosh, I sent a researcher to the University of
Toronto Library to get a copy of this book. I'm not even in the glossary.
Yet, I'm supposed to be the guru of the White racist right."

	In the morning session, a Globe and Mail reporter complained 
to both the
Crown and to Mr. Christie that his tape recorder had been confiscated by
the Court security guards. After the break, Mr. Christie argued: "The
Ontario Court of Justice Act permits bringing of recorders into Court for
note taking. My position is that we should allow the widest latitude for
recording."

	No, said Mr. Justice Blais. "I don't think our rules allow that."

	A casual observer might have concluded that Tom Metzger was on trial in
Courtroom 1 in Toronto on September 24. Mr. Zundel was asked if he knew of
a publication called "White Berets", published by a branch of the Ku Klux
Klan. Mr. Zundel said he didn't know the publication, but was sent some
Klan literature from time to time by supporters. "You never asked anyone
not to send you Klu[sic] Klux Klan literature," Mr. MacIntosh said
triumphantly, as if he'd scored a knock-out point.

	Douglas Christie leaped to his feet objecting: "The Ku Klux Klan
literature is another prejudicial document thrown into the hopper. Mr.
Zundel didn't recognize it, hadn't received it and didn't adopt it."

	Now, Mr. Justice Blais admonished Mr. Christie for objecting so often:
"Talking about a filibuster, but I don't want to stop any objection. I try
to be flexible pursuant to Section 78.j." He then ruled: "The Klan document
will be admitted."

	In the afternoon, the Crown played a portion of a video 
entitled "Hearts
of Hate" produced with buckloads of Canadian taxpayers' money. The video
seemed to show Ernst Zundel singing "Happy Birthday" in a pub on the
occasion of the birthday of Toronto skinhead Chris Newhook. Mr. Zundel had
earlier testified that he could not recall singing "Happy Birthday" on that
evening almost a decade ago.

	Douglas Christie objected: "What is the relevance and purpose 
of the T.V.
tape? If it shows Ernst Zundel involved in violence, okay. If it shows him
singing 'Happy Birthday,' it's collateral and should not be allowed."

	Although he permitted showing of the propaganda video, it was too much
even for Mr. Justice Blais: "Section 78.j allows flexibility, but we should
apply it in good faith. No one will be deported for singing 'Happy
Birthday.' Frankly, Mr. MacIntosh, it happens to everyone. People start
singing 'Happy Birthday' in a bar and everyone joins in."

	Then, Mr. Zundel was questioned about Church of the Creator founder Ben
Klassen, whom he had never met and didn't know, and his alleged sale of
property to William Pierce. Again Mr. Christie objected: 
"Guilt-by-association is what this is all about. The witness was asked
whether he knew Mr. Klassen. He said 'no'. Then, he was asked if he knew of
a connection between Mr. Klassen and Mr. Pierce. I just point out that it's
like asking whether person A, whom I don't know, has any connection with
person B, whom I don't know. Where's the relevance to actions?"

	The later part of the afternoon was taken up with setting the 
agenda for
the next round of hearings December 10-12. Mr. MacIntosh said he'll need
another hour and a half to complete his cross-examination. Both lawyers
will prepare written submissions as to whether Mr. Justice Blais has
jurisdiction to decide Mr. Christie constitutional challenge to the
Immigration and Refugee Protection Act; particularly, to the sections
surrounding the CSIS certificate, which allow no appeal of the judge's
decision and which permit secret hearings. The jurisdictional question will
be argued. If the judge decides he has jurisdiction, the constitutional
question will be argued. Both parties are preparing written submissions on
this point as well. Finally, Mr. Zundel's detention will be argued.

	Optimists feel there's a chance Mr. Zundel will be free for Christmas.
Despite the incarceration which will be 10 months come December, Mr.
Justice Blais said: "The personal question for Mr. Zundel is important, but
we're breaking new ground with a new law. So, we must take our time. I'm
pre-occupied by this point, by Mr. Zundel's detention."

	Later that night, speaking to the Alternative Forum in Toronto, Mr.
Christie praised those loyal 25-30 people who had filled the courtroom each day
  in support of the dissident publisher. "Every minute you're in the court bears
witness to the fact that you have not surrendered to a corrupt 
government. It's a political
inquisition, " Mr. Christie said.

-- Paul Fromm

[END]