ZGram - 4/29/2004 - "Judge Blais about the Zundel hearings: 'This is not an open case!'"

[zgrams at zgrams.zundelsite.org]

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

April 30, 2004

Good Morning from the Zundelsite:

Yesterday was the first day in a long time that I didn't get a call 
from Ernst.  I had a call late last night from a friend who also 
attended court.  Her assessment of the situation is that "the judge 
has got his orders [from the Holocaust Lobby], and he is going to 
wrap this up by May 5rd." 

According to her, it means that Judge Blais, former boss of CSIS, 
will approve the security certificate, and justice be damned.  As I 
have done so many times before, I told her (and others) that we will 
soldier on. 

I expect to get a write-up from Paul Fromm later in the day.  For 
now, here is what happened, as summarized by a Zundel supporter who 
attended court all day:

[START]

Dear Ingrid,

by now you may have had a call from Ernst. He came "home" late 
because the session didn't end until 8:20 pm. Paul and Wolfgang are 
still somewhere and I've been asked to take notes.

It started at 9:12 am. Ernst looked cheerful as he walked and looked 
around. He wore a new blue shirt and blue pants and, as it seemed to 
me, a new leather jacket. The guards were also new - two males and 
one female with whom he talked freely. They seemed really interested 
in what he had to say. They even carried his books out at the end.

Peter Lindsey, lead defense attorney, asked the judge if a lawyer 
(Barbara) could talk with him at lunchtime to which he agreed. 
Lindsay then  asked to bring in a few more witnesses which started an 
avalanche of complaints by Blais about changing the agenda on short 
notice and for not having arranged this last November. When told that 
Mitrovika's lawyer couldn't make it today, he became more upset. 
These were some of the judges utterances: "It's difficult for me to 
do that." " What we face now is wasting everybody's time." "You have 
responsibilities to follow the agenda but you don't." "I have many 
other appointments to attend. The certificate comes on my desk and I 
have to deal with it as soon as possible. This is not an open case."

Blais then accused Peter Lindsey of taking cheap shots at him to 
which Peter objected vigorously. The judge responded with more 
handwringing about how he is trying to bring this trial to an end. He 
complained further, "I'm not being helped in this matter to make a 
decision. We have already spent 10 minutes on this and I don't really 
care, I don't care. It's just a matter of counsels getting after each 
other. You are big boys and girls and know how to work. I'm not here 
to hear arguments between counsels. I'm here to hear evidence. The 
question I asked this morning, why you are disturbing the agenda. Now 
we're not finishing on May 5. I try to manage it, do my best, but you 
are not helpful. Could you not have sent the subpoena a month ago?"

Blais then said that he was willing to go to September. But he also 
said that he has to render a decision before the next sitting. He'll 
probably spend the weekend on reaching a decision.

Mr. Stewart entered the witness stand at 10:22 and Lindsey asked 
about the storming and occupation of the Johannesburg WTC in June of 
1992. Blais said that it may be classified and asked Mr.Stewart to 
step out. Peter Lindsey questioning resulted in Mr. Stewart to step 
out three more times within the next half hour. The last one 
resulting in a 30minute recess. Blais said that it was difficult to 
distinguish between classified and unclassified material. Peter 
Lindsey said that it was a fundamental question and that it should be 
clarified.

"The credibility of CSIS is an issue. It has provided all kinds of 
information to the government that is a smear job. It's garbage and 
CSIS knew it. I'm trying to prove it."

The rest of the day was spent by the crown with trying to link EZ to 
the various right wing organisations and by the defence to deflect 
it. Peter Lindsey asked if the material that is illegal in two other 
countries is also illegal in Canada. The cross-examination of Mr. 
Stewart by counsel Rodych showed a smooth togetherness of the crown, 
the judge and the witness. All questions were answered in the 
affirmative, trying to show EZ's guilt by association. This prompted 
Peter Lindsey to ask for a re-examination which was fought and then 
reluctantly granted by the judge. The names of right wing leaders and 
organisations cited were Pierce, Alcock, Taylor, Long and the 
Oklahoma Excalibur.

Mr. Stewart was asked many more time to step out. The names that came 
up for witnesses were Jacob, Droege, Mitrovika, Farrow and Justice 
Marshall.

Tomorrow's session will start at 9:30 am.

[END]

Just one final thought:  Systematic, criminal  starvation is one of 
the enemy's tactics to break Ernst Zundel's resistance and political 
will.  This was revealed yesterday again when one of Ernst's 
long-time attorneys asked to spend her lunch break in court with 
Ernst in his holding cell.  She was given permission to do that, but 
was not allowed to take him a roast sandwich.  His lunch consisted of 
one small hamburger bun, one slice of processed cheese, and a dab of 
margarine.  The reason given was that CSIS is in charge of his food 
allowance, and CSIS doesn't permit that his attorney buy him a lunch. 
She says he looks very pale but seems to be in good spirits.  She 
says he understands fully what is happening to him, and why.