11:15 am. It’s all over for today!
David Silmser is tucked away in the Victim support room. An agreement has been reached to attempt to resume his cross-examination at 2 pm Monday 05 February 2007.
What happened? Well, something rather unusual….
There were sparks flying at the Weave Shed this morning! Not big ones, just little sparks, the kind that come from friction rubs, you know, when you rub two sticks together?
David Silmser was back on the stand resuming his testimony. Cross -examination by Father Charles MacDonald’s lawyer, Dominic Lamb, was barley off the ground ….
Dave I do believe was conducting himself admirably – he asked for clarification when he didn’t understand a question, and disagreed if there was something he just plain does not agree with, ….that included but was not limited to Justice Chilcott’s ruling regarding who bears responsibility for the delays which resulted in Charlie’s stay.
On that matter, as far as Dave is concerned Michael Neville, Charlie’s lawyer during the preliminaries, is responsible in whole or in part for the delays. Dave testified to that effect yesterday – said that he overhead Neville telling Charlie in the Ottawa courtroom in 1996 that ‘in cases like this we have to extend things as far as possible.’
Dave is unshakeable. He heard Neville say it. No one, absolutely no one, will change his mind or convince him otherwise.
There were other issues.
Lamb was unable to give Silmser the name of the Crown attorney who replaced Pelletier. Lamb was talking about someone by the name of Hannon. Dave said he knew of no Hannon and didn’t want to answer questions if he didn’t know who he was supposed to be talking about. (To my knowledge there was no Crown by the name of Hannon involved in Charlie’s case for the past 14 years. )
In short, Lambe failed miserably in his brief attempts to put words in Dave’s mouth or lead Dave to agree with anything he had to say. He got nowhere. Absolutely nowhere! If Dave has other information or understands things differently than Lambe said they were Dave said so and he held his ground.
For example, Dave testified yesterday that he caught Neville in a lie during the preliminaries in Ottawa. Today Lamb tried to challenge that testimony – he said he couldn’t find any reference to that anywhere in the transcripts. Dave told him that then he’s not a very good lawyer because it’s there. When Lamb persisted and tried to nudge agreement that it’s not there, Dave said he’s not going to be told what to say.
Justice Glaude stepped into the fray. He tried to tell Dave that all is being done according to hoyle and that if it weren’t Dave’s lawyer and Peter Engelmann and the judge himself are there to intervene. Dave treid to explain that he has to answer as he is because if he doesn’t the media and everyone will put a spin on his answers as they have done so often in the past.
Glaude then tried to assure Dave that it is he, Glaude, who takes what is said into account and makes the decisions and that he’s not concerned about what the media have to say. Dave said that was fine, … but he is.
It was a stalemate.
Dave’s lawyer asked for a break. Callaghan (Cornwall Police Service) objected. Dave requested a break. Dave’s lawyer took to the podium – said it was obviously necessary to call a break and assured all that he would not discuss Dave’s testimony with him during the break – apparently verboten during cross-examination.
Around 11:15 they were back. No Dave. Dave was in the Victim Support room. His lawyer, Clint Culic, apologeically assured all that there was no offence here at all to Mr.Lamb or how Lambe conducted himself, it’s just that Dave identifies Lamb with Charlie. Culick explained that he hopes to get Dave into some quick anger management sessions before Monday!!!
That was it.
Here’s a first class example of what happens when victims try to stand up for themselves and refuse to have words put into their mouths.
I did not find Dave offensive. Not at all. And he was not out of control. He was annoyed with Lambe’s persistence, and who wouldn’t be? And I suspect he was frustrated that a lawyer seemed bent on getting him to say something he didn’t agree with, and on the heels of that that a judge told him it was really no big deal how people interpret or spin what he has to say.
This to a man who has been living with media and legal spin for fourteen years? A man who has walked the walk. He knows the path. And Glaude tells him never mind, it’s really no big deal ?!!
It’s a big deal for Dave. A really big deal. He’s had enough of spin.
And now he’s being fast tracked into anger management! God help us all.
He was justifiably angry. But, no, that’s verboten. No righteous anger. No justifiable anger. No anger. Period. No matter what they do to you. No matter what they say. No anger. Ever!
There is not a thought here that perhas it’s the system which needs fixing – that perhaps it’s high time lawyers stop sand-bagging witnesses, and putting words in their mouths by whatever means possible.
No. The problem is the witness. It’s the victim. He’s angry. Tut tut. Not allowed. Anger is prohibited. Go along with the questions. Agree when you disagree. Keep the legal peace.
I wonder what this gang would do if they had to deal with Christ when He took the whip into the temple? Would they hustle Him off for anger management?
You know what, I do believe they would!
Anyway, let’s keep Dave and his wife in our prayers. I do believe they will need more than a few over the next few days.
Incidentally, I get the impression that one and all “hope” Dave returns to take the stand on Monday afternoon. I think therefore he may have said he’s had enough of it. If that’s the case I would venture to guess there will be pressure ++ from all quarters to manoeuvre him back in and onto the stand – anger management or no. The vultures have been waiting in the wings, literally lined up and waiting to pick away at his tired worn out bones. Heaven forbid they be denied a morsel of flesh, and Heaven forbid he tries to hang on to the few bits still clinging to his bones.
Where this all goes remains to be seen. I just hope and pray that Dave is alright.
Enough for now,
Sylvia
(cornwall@theinquiry.ca)