Trial, Week 19: Summary - December 5


WEEK 19: DECEMBER 3 - 6, 1996

  * Monday, December 2 - no court       * Day 87: Thursday, December 5
  * Day 86: Tuesday, December 3         * Day 88: Friday, December 6
  * Wednesday, November 27 - no court


Edited by Roz Royce and Trond Halle, from notes by Trond Halle (Defendant)

Posted by Settlers In Support of Indigenous Sovereignty


Abbreviations used in notes:

DC = Don Campbell (Defense)
SF = Shelagh Franklin (Defense)
GW = George Wool (Defense)
ST = Sheldon Tate (Defense)
MA = Manuel Azevedo (Defense)
HR = Harry Rankin (Defense)

LB = Lance Bernard (Crown)
JF = Jennifer Fawcus (Crown)

J = Judge

Without jury.

J says that regarding the police log, he declines to make the order to release it. He will file his reasons in writing on Monday.

GW - would like a copy of the J's order regarding JoJo, so GW can deal with JoJo's charges in Chilliwack. J orders a copy for GW.

JF - the criminal intelligence file won't be disclosed and she says that they will have the reasons why soon. The other disclosure requests will be here and are now in transit. Bidwell's photographs on way. Material responding to questions about Edwards' notes are on way. Police are investigating the request for briefing packets. Farrell's notes here this morning. Brown is vetting his notes right now. There are a couple of other things on way.

MA - says that what Farrell has submitted are typewritten notes which had draft written on it. J asks JF to look into it.

SF - would like J to ask the Crown for any documents or papers which prove that the Crown got title from the original owners, the Shuswap people. She says that she doesn't think that it's a proper disclosure request, but would like it anyway. JF says that she will tell SF what the Crown will depend on to prove ownership.

GW - asks about dispatch ticket that he received today - is there a person who took this? JF says that another letter is coming that will disclose more particulars about the dispatch ticket.

GW - says that he will be going to Chilliwack today to deal with JoJo and expects that no incarceration will result. He will then make an application for JoJo's release from Chilliwack. He is taking directions from Dr. Lock for where JoJo should be other than Surrey Pre-trial.

JF - says that the remainder of the RCMP videotapes are here today, along with other disclosure packages.

ST - asks if we can stand down for awhile to discuss with counsel if we need to come back tomorrow.

We're back.

ST - says that counsel is not agreed on what to do. He says that if we begin with witnesses in two days, then cross will not be focussed if we haven't looked at all the videos.

GW - recommends returning Thursday. He says that there are a number of tapes to view. He says that each counsel will see it in his own way based on his own clients. He says that he won't be ready to cross-examine anyone until Thursday.

DC - for the record, he says that had they had the tapes months ago, they would not have needed to spend such a protracted time crossing past witnesses. The trial could have been over a lot earlier had the tapes been available sooner. DC thinks that Thursday is stretching things and would prefer to return Tuesday or Wednesday.

MA - is wondering where the Crown stands on the hour and a half of contentious videotape. JF says that LB will wait until the Defense is finished viewing the tapes before giving a position.

He thinks the best thing to do would be to send the jury home until January, but he has been instructed to start as soon as possible so will be ready by Monday.

SF - wants to start as soon as possible.

W - so does he.

J says that he can't start until counsel is ready. He will have the jury back on Thursday.

DC - asks if the Crown's arguments for "privileged video" could be made before Thursday. DC says that realistically, every counsel should be able to go over this video disclosure with their clients, but this might not be possible with the time constraints.

J asks what the status is of the hour and a half of "Crown privilege videos". JF says that they were going to wait until the Defense finished viewing the tapes. Defense can then decide if they wish to make an application for the hour and half of tapes at that time. DC says that he can say now that the Defense wants those tapes.

JF would like to stand down until she contacts LB regarding scheduling. The J stands down.

We're back.

JF says that LB will be ready to discuss this tomorrow at 10:00 a.m.

MA - understands that his client can watch these tapes, but that doesn't seem to be the Crown's view.

JF says that the accused can watch them, but doesn't want them turned over to them.

MA says that this isn't very realistic because it would require that his client camp over at his house.

JF is concerned about speaking about this now because she wasn't here for earlier arguments.

ST - suggests that we discuss any conditions on these disclosures tomorrow.

GW - says that he won't be here tomorrow, but says that the Crown can't just claim Crown privilege. They would have to have an officer come in and say what these tapes' disclosure would threaten.

J stands down until tomorrow.

  * Monday, December 2 - no court       * Day 87: Thursday, December 5
  * Day 86: Tuesday, December 3         * Day 88: Friday, December 6
  * Wednesday, November 27 - no court