ZGram - 5/6/2004 - "'The only reason everybody has their tail feathers in a knot is because I'm a judge'"

[zgrams at zgrams.zundelsite.org]

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

May 6, 2004

Good Morning from the Zundelsite:

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>http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040505/ZUNDEL05/TPNational/TopStories

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