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REGINA V THE RADICAL PRESS: LEGAL UPDATE #14 (
HTTP://WWW.RADICALPRESS.COM/?P=2832 )

July 11th, 2013
by Arthur Topham

Regina v The Radical Press: LEGAL UPDATE #14
July 11, 2013

Dear Free Speech Advocates and Radical Press Supporters,

On Tuesday, July 9th, 2013 I once again donned my suit and tie and
along with my dedicated wife drove into the small city of Quesnel in
order to attend court on the matter of the Sec. 319(2) CCC charge and
arrest for the purported crime of “willfully promoting hatred
against ‘people of the Jewish religion or ethnic group’ originally
brought on by B’nai Brith Canada’s Harry Abrams and serial Section
13 complainant Richard Warman.
At my last appearance on May 28th, 2013 I had expected to find out
whether or not the Crown’s new strategy of going for a “direct
indictment” instead of allowing me to have the customary preliminary
hearing in order to determine whether they had a strong enough case to
move forward to a trial by judge and jury it turned out that the B.C.
Attorney General’s office had still not made up its mind. As a
result Judge Morgan was forced to extend the time period further and
set a new date of July 9, 2013, one which Crown Counsel Jennifer
Johnston felt would give the AG’s office more than sufficient time
to determine whether to go ahead with Crown’s proposed unusual move.

It was a welcome relief for my wife and myself to finally get a month
and a half off from the seemingly endless and onerous legal harassment
that’s been going on since May of 2012. Unless someone has been
forced to run through this gauntlet of appearance upon appearance
combined with never-ending and surprising changes whenever they do
appear it’s hard to imagine the stress and strain that it puts upon
a person or a relationship in the case of a married couple. Now we
basically could get on with our lives for a few weeks at least and
enjoy a little peace and quiet while the Crown was making up its mind
as to what direction the proceedings would take.
June passed without any word on the direct indictment and July also
brought forth nothing in the way of new disclosure on this matter.
Finally on Monday, July 8, 2013, the day prior to my appearance I
received an email letter from CC Johnston containing a one line
statement, “The Crown will not be filing a direct indictment on file
25166-5.”

Knowing that the Attorney General’s office would not be going for a
direct indictment was good news and meant that at least now there was
a still a glimmer of hope that I might be able to proceed with my
Rowbotham application (to get a government funded legal counsel to
defend me) and hold a preliminary inquiry to determine the merits of
the aforementioned Sec. 319(2) charge.
The time for the appearance was 1:30 p.m. and we were there, as usual,
a few minutes in advance. When I checked the docket on the wall
outside the lower court room where the proceedings have been taking
place I noticed that my name wasn’t on the list! What’s going on
now was my first thought. I double checked just to make sure I
hadn’t missed it and then decided to go upstairs to the court
registry office to find out what was going on when one of the court
clerks came by and said that there wasn’t going to be a court
appearance for me today and that I should go up to the next floor and
see the trial coordinator.

This has been the manner in which the Crown has acted since the
beginning of my case. Knowing that I don’t have a lawyer to
represent me Crown Counsel Jennifer Johnston, when she sent me her
email the day before, could easily have informed me at the same time
that I wouldn’t have to appear in court and instead ought to see the
trial coordinator to set up dates for my Rowbotham application and for
the preliminary hearing. But, out of either oversight or spite (and
given all of her previous aggressiveness and calculated efforts to
have me perceived in the same light as a child pornographer I would
venture to say that it’s the latter) she failed to notify of this
simple procedure.

So I and my dear wife went into the trial coordinator’s office and
discussed the three immediate concerns related to my case. The
coordinator was obviously becoming impatient with all the delays over
the past months and was determined to set some dates. The first thing
on her agenda was to call, via telephone, Keith Evans who is legal
counsel for the B.C. Attorney General’s office in order to discuss
my Rowbotham application which he is overseeing. There was some banter
back and forth between the two parties in order to clarify exactly
what was going on. I had submitted my Notice of Application and
Affidavit to the AG back on April 23, 2013 and received a package of
material back from Mr. Evans on May 11th explaining all the additional
information that I was expected to furnish him with prior to a hearing
taking place on the matter.

Then, when Crown suddenly decided to go for a direct indictment things
changed and I had to wait for verification on that matter prior to
completing the Rowbotham application because of the fact that if a
direct indictment was going to be the method of proceeding then I
would have to make the Rowbotham application out for a lawyer who
would represent at the trial stage. If a direct indictment wasn’t
going to be method used then I would have to make the application out
to get a lawyer to represent me at the preliminary hearing.

Now that we knew what direction the Crown was heading in AG counsel
Evans told the trial coordinator that he needed the additional
information from me regarding my financial status before proceeding
with the Rowbotham application and that then the Crown could set a
date for a hearing on the application. The trial coordinator set
August 13th, 2013 as the time in which I should have completed the
required additional information and furnished AG Evans with it. When I
returned to her office on that date we would then fix a date for a
hearing on the matter. I would be expected to appear at this
determined time and defend myself without counsel as I attempted to
justify why I felt I could not afford to hire a lawyer and why I also
felt that the case was much too important and complex for me to deal
with it on my own. The outcome of this hearing will decide whether or
not I will qualify for a government appointed lawyer to assist me in
my defense. If I am refused it means having to go it alone without
counsel and that could drastically change the nature of the case in
undetermined ways.

One further point regarding the Rowbotham application and the
preliminary hearing needs to be highlighted here. From the outset of
this “hate crime” show trial venture by the Crown there’s been a
concerted effort to downplay the preliminary hearing stage of events.
Why this is occurring I’m not exactly sure but it’s been happening
over and over again to the point where I feel it needs to be
discussed. The primary purpose of a preliminary hearing is to
determine whether or not the Crown has sufficient evidence to proceed
to trial. Crown has also been stating that there is a very low
threshold which it needs to meet in order for the case to proceed but
I believe there are some critical issues which they are overlooking.
In my case where the Crown itself (through the actions of the RCMP)
broke the law right from the start by issuing an illegal search
warrant to Det. Cst. Terry Wilson that then allowed his “Hate Crime
Team” to enter my home and steal all of computers, email files and
subsequently all of my firearms was a fundamental breach of the
Criminal Code of Canada which states under Section 183 that a Sec.
319(2) “offense” does NOT allow for search and seizure of an
accused premises and the removal or interception of any private
communications or electronic files. My former counsel Doug Christie
had allotted 5 days of time in order to deal with this and other
matters during the preliminary hearing but in fixing a date the trial
co-ordinator booked for only 5 hours on the January 22nd. I will be
checking into this further as well as addressing it with counsel
should my Rowbotham application prove successful.

Having dealt with that issue the trial coordinator then brought up the
matter of my previous application to the court regarding
particularization of disclosure. Readers who have been following these
updates will know that I applied earlier on for particularization of
the evidence so that I could get an idea of what it was that the Crown
was planning to use during the trial to determine that I ought to be
found guilty of this “hate” crime. All I now have is well over a
thousand pages of documents filled with all sorts of articles, online
books, etc. that the Crown (via Det. Cst. Terry Wilson of the BC Hate
Crime Unit) has been downloading from RadicalPress.com (
http://radicalpress.com/ ) in what it purports to be an “ongoing
investigation” to back up their claim that I am guilty of committing
said Sec. 319(2) ‘crime’. In order for me to defend myself against
these charges I need to know what posts on the website are being used
but when the application first came up before Judge Wilson on May
28th, 2013 Crown Counsel Johnston attempted, with a rhetorical
flourish of her hand, to simply dismiss the application outright
stating that there was no legal precedent or case law that required
the Crown to furnish me with any particularization whatsoever. Given
that my application was one which had been prepared by my former
counsel Douglas Christie and was replete with case law backing it up,
all the sound and fury emanating from CC Johnston appeared to signify
nothing beyond theatrical antics rather than anything legal and so
Judge Morgan determined not to delve further into it. The trial
coordinator asked me if I would like to address the matter when I
returned to court on August 13th and I said that would be fine.

The final date to fix was one for the preliminary hearing and already,
because of the many delays and circumlocutions instigated by the
Crown, this meant that it wouldn’t be taking place until next year.
After checking her schedule the trial coordinator chose the date of
January 22nd, 2014 for the preliminary hearing with an estimate time
of 5 hours allotted. She also set a date of January 7, 2014 for a
trial confirmation hearing. All of these proposed dates could possibly
change if the Rowbotham application is approved and my new counsel has
any concerns over anything.

For Justice and Freedom of Speech for Everyone Everywhere,
Arthur Topham
Publisher & Editor
The Radical Press
“Digging to the root of the issues since 1998"P.S. As a final
parting note I would once again please ask readers to consider helping
me out financially with a donation if they can. Please go to the top
of the Home Page at www.radicalpress.com (
http://www.radicalpress.com/ ) and click on the “PLEASE DONATE TO
THE RADICAL PRESS FREE SPEECH DEFENSE FUND” (
http://www.radicalpress.com/?page_id=657 ) link where you will find
all the information necessary to send financial help. Thank you.

------

PLEASE NOTE: Now that Section 13 is dead that still leaves me having
to carry on with my own Section 319(2) criminal charge laid against me
by Richard Warman and Harry Abrams. With the untimely death of my
former lawyer Douglas Christie I am all the more in need of financial
support in order to carry on the fight to retain my fundamental rights
to publish on the Internet.

The struggle to retain our inherent right to freedom of speech doesn't
come without costs both financially and otherwise. Out of necessity, I
am forced to ask for financial assistance in this ongoing battle with
the foreign Zionist lobbyist/censors who are determined to stop all
freedom of expression in Canada.

Being a 'Senior Citizen' on a very limited pension and having now been
denied assistance by Legal Aid services here in B.C. I'm left in the
unenviable position of having to rely solely upon donations from
supporters to pay my legal and related expenses.

I would ask readers to give serious consideration to helping out by
either sending a donation via PayPal using either a PayPal account or
a credit card or else sending a cheque or Money Order or cash to me
via snail mail at the following postal address. Please don't make the
cheque out to "RadicalPress" as that account is no longer available to
me.

Arthur Topham
4633 Barkerville Highway
Quesnel, B.C
Canada
V2J 6T8

To access my PayPal button please go to either the Home Page at
http://www.radicalpress.com ( http://www.radicalpress.com/ ) or my
blog http://www.quesnelcariboosentinel.com (
http://www.quesnelcariboosentinel.com/ ) The PayPal button is up on
the right hand corner of the Home Page on either site. Feel free to
click on it.

For Freedom of Speech, Justice for All,

Sincerely,

Arthur Topham
Pub/Ed
The Radical Press

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