Judicial torture?

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Not a good day. For Perry. For Helen. For whistleblowers. For the administration of justice.

Not a good day for children.

The two judges of Ontario Divisional court reached a unanimous decision. I would say it boils down to vindictive judicial torture.

A few comments:

(1) Perry is sentenced to six months for one conviction of civil contempt of court;

(2) The justices ruled that the second contempt charge is one of criminal contempt;

(3) Perry was found guilty of criminal contempt, meaning he is now guilty of one charge of civil contempt (for failing to “testify” at the Cornwall Public Inquiry” ) and one of criminal contempt (for failing to appear at Ontario Divisional Court to defend himself against the civil contempt charge);

(4) The justices are withholding sentencing on the criminal contempt conviction until after Perry serves his six month sentence for civil contempt;

(5) The two sentences obviously will not run concurrently.

(6) Perry can “purge” his civil contempt at any time if he agrees to testify at the Cornwall Public Inquiry.

(7) David M Humphrey is acting a special prosecutor for the office of the Attorney General.

Humphrey is a partner in the Toronto-based lawfirm Greenspan Humphrey Lavine.

Jill D. Makepeace, who at one time represented Jacques Leduc at the Cornwall Public Inquiry, practices with the firm.

(8) During a media scrum David M. Humphrey stated “the objective here as I’ve said throughout is to convince and coerce if necessary Mr. Dunlop to testify if he maintains his refusal to testify and he has to face the consequences and appropriate penalties have to be imposed.”

“The imposition of penalties involves more than just Mr. Dunlop and his personal situation. It’s important that public denunciation be effective and that general deterrence be effective through the imposition of appropriate penalties.”

This is disgusting.

I swear this is all about saving face for Justice Glaude who publicly promised that no one would be forced to testify against his/her will, unilaterally waived Perry’s solicitor client privilege, resorted to deception to secure an inter-provincial subpoena to force Perry to testify against his will, refused and continues to refuse to take Perry’s “no” as “no,” resorted to judicial bullying to put Perry behind bars, and now resorts to what can only be called judicial blackmail and intimidation to force Perry back to the Weave Shed.

This goes beyond the pall. It truly does.

Six months for a civil contempt conviction means what for the criminal conviction? A year? Eighteen months?

Ahhhh, ….that’s a secret.

Why the games? Why reserve sentencing on the criminal contempt – for six months? Why leave a man languish in jail for six months wondering how many more months of the same lie ahead?

Is this another arm to the rule of law? Judicial torture? To coerce testimony from a man who has clearly stated time and again he has lost faith in the system and told those two justices in writing that he believes the inquiry mandate is wrong, the commissioner is in a conflict of interest, the agenda of the Ontario government and the office of the Attorney general is to “protect paedophiles and their supporters at all costs” and:

“I have been lied to, deceived, coerced, bullied and threatened by the Cornwall Inquiry and those who work for them…… I have no intention of testifying at the Cornwall Inquiry now or ever.”

Can it be any clearer?

I guess not.

Here we are. No rack per se to coerce a change of heart. No. A more ‘genteel’ torture for Perry. Force him to betray his conscience through this unremitting and unconscionable judicial coercion.

I can not believe this is allowed to happen in a “democratic” country. I even have difficulty believing it is legal.

“It is essential for the success of this Inquiry that people come forward, free from any undue influence, promise or threat.”

That was Justice Normand Glaude. 12 December 2006

Words. Just words. Empty platitudes.

Yes, Perry appeared in court without a lawyer. Lawyers are costly, and as we know, a “damn good” lawyer with Perry’s best interests at heart and no Cornwall connections or sympathies is hard to come by.

Perry was not asked to make or given opportunity to comment before during or after his sentencing.

And, while I think of it, for those who have the idea that Perry masterminded calls for a public inquiry, he did not. To my knowledge he was not adverse to the idea of an inquiry. He perhaps supported it. But to my knowledge Perry was not on the front lines fighting for a public inquiry and in fact was long gone to British Columbia when the campaign for an inquiry gained momentum. The notion/spin that Perry is refusing to testify at an inquiry he pushed for is just plain wrong.

One final note on the decision. We were told that Perry Dunlop brought the justice system into disrepute. I do believe Perry Dunlop couldn’t hold a candle on that score to the job done by the Justices at the Project Truth trials and Justice Normand Glaude.

****

A few more bits and pieces to keep people up to date:

(1) Perry looked tired. He has lost weight. He was unshaven. He had no socks on (his socks are so dirty he can’t stand to wear them)

(2) The Toronto East Detention Centre was in lock down for three days so the anxiously awaited and long overdue shower did not materialize. Mail was withheld for those three day. Strip searches were conducted. There were no phone privileges.

(3) Helen arrived in Toronto Monday evening at 10 pm. Her luggage was lost. Two hours of waiting and searching. Her luggage was recovered on Tuesday.

(4) Perry will be transferred to the Ottawa Carleton Detention Centre today to serve his first six months.

The Ottawa Carleton detention centre puts him about an hour’s drive from family and friends in Cornwall. It also puts him an hour’s drive from the Weave Shed.

(5) Once rules and regulations and contact information at the new facility are sorted out I will post it.

(6) Helen will drive to Ottawa, then on to visit family and return to Duncan , BC for two weeks on Monday. Perry’s mother had a trip bought and paid for a year ago. She is reluctant to leave. Helen insists that she go. Helen will stay with the three girls for those two weeks and sort out her schedule from there.

(7) Many who planned to travel to Toronto yesterday didn’t make it because of the weather. The group I travelled with decided to launch at 10:30 pm Tuesday evening to beat the weather. We drove right into it. It was to put it mildly a white knuckle drive, but, a good driver behind the wheel and we made it 🙂

(8) I see I am quoted in one news article as saying “where are the bloody paedophiles?” I was angry, true, and I had my say, but, for what it’s worth, I don’t tend to use the word “bloody.”

(9) I see Cornwall Police Service is now spending thousands upon thousands of dollars prepping their witnesses to testify. Can anyone venture a guess as to how many thousands went into prepping S/Sgt. Garry Derochie? And if CPS is getting value for money?

Hearings at the Weave Shed were apparently cancelled yesterday because of the weather. They resume this morning at 0930 hours (9:30 am EST), Thursday, 06 March 2008. S/Sgt. Garry Derochie will resume his testimony.

Keep an eye on New to the Site on the Home page. I will start posting media coverage as soon as I’m up…

Enough for now

Sylvia

(cornwall@theinquiry.ca)

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5 Responses to Judicial torture?

  1. Myomy says:

    The judges continue to dangle their carrot while applying the stick. This worthless destructive inquiry will be over in less than six months anyway and all this stupid judicial bullying will be moot. They imagine in their arrogance that they are defending their honor and dignity at the very time they are the ones bringing the administration of justice into disrepute. Perry could sit in jail long after this ill begotten inquiry is over and it won’t make it any more respectable. We do however get a measure of how much they need Perry. It is only with Perry there that the aura of innocence can be conferred on the pedophiles of Cornwall. Perry is being punished in a vain attempt to protect the pedophiles. One of the judges at Ozgoode when he was trying to appeal to Perry said that everyone in that room wanted to protect children from pedophiles. That was posturing on the part of that judge. Only Perry and his supporters cared about protecting children from pedophiles. The establishment is protecting the pedophiles and they show it by persecuting Perry.

  2. Myomy says:

    When I got reading on the Internet about the dispute at the Ottawa Carleton Detention Centre. The Union is talking about the inhuman conditions there and one judge granted an inmate 3 for 1 – Three days off his sentence for each day served. Will Perry get the advantage of this. The Union says that conditions there are inhuman. It sounds better than the place in Toronto in terms of frequency of showers. Perhaps they should just alleviate the crowding by letting Perry go free. There is a lot of talk about the Charter of Rights. The treatment Perry Dunlop is getting shows that the Charter of Rights is a bad joke.

  3. prima facie says:

    “OPINION”

    Desperate People in Desperate Times:

    “Power left unchecked or unchallenged inevitably leads to corruption.”

    IN my opinion, “The Big Story” here, is NOT Perry Dunlop, NOT “The Cornwall Public Inquiry” and NOT “Divisional Court”. In my opinion, they are very significant and related stories, BUT, THE REAL big story, no one is “willing” to write about, is “THE FEAR”, “The Powers That Be” are experiencing and what “they” are willing to do, to suppress “facts”, dissenting views, opinions or simple “disobedience”, to maintain, “control and power”.

    MAKE NO MISTAKE ABOUT IT; the “Powers that Be”, have all “POWER”. It’s a no-win situation for Perry Dunlop, his supporters or any dissenting voices. AS a society, “WE” are permitted to “go-so-far”, then “they” intervene. “They” justify “their”
    suppression-oppression, by characterizing the “Dunlop” types as, “social deviants”, not dissident voices or hero’s and “they” “construct “a “means” to “persecute, criminalize and prosecute” the “Dunlop” types. Hero’s “seemingly” become villains overnight; especially with the help of a complicit and/or ignorant,“lapdog” “mainstream news media.”
    Many people have been silenced.

    DARE I suggest, in some other countries, “dissidents or whistleblowers” are shot on site, beheaded or otherwise murdered, for revealing “secrets”. IN Perry’s case and perhaps others in Canada, it is my opinion, dissenters and/or “whistleblowers”, are terrorized and isolated, into compliance and conformity, or put to a slow, excruciating death, through “means”, similar to what Perry Dunlop and his family are currently experiencing.

    AFTER the “opening onslaught” from the “lapdog” mainstream news media, supporting the “systems” perspective, the “lapdogs” will back off. The perceived “social deviant” is ruined. THE “lapdogs” have accomplished their goal and they will be given their “biscuits.”

    Isn’t it a little “overkill” to say the least? YET, none of these complicit, “lapdog”, “spoon-fed”, “self-serving”, “ignorant”, “mainstream news media”, can “see, hear or speak of any, real or perceived, evil”. Additionally, for self-preservation reasons, the one’s that do know the facts or possess some inkling of analytical, investigative journalism, say nothing.
    Maybe Perry should be exiled to some un-chartered, wilderness.

    (Maybe, the name Perry Dunlop should be brought up at the next “meeting”, although there is “lots” on the agenda; what do you think Brian? David? AT least Conrad will be absent for this one, or, will he?)

    Anyone with a “brush” of law studies, penciled in to their “portfolio”, must be asking, “isn’t this a little bit over-kill?” I mean, is this guy, “OSAMA or Manson or Roszko” or even one of Mr. Greenspan’s clients? “WHAT am I not seeing,” they must ask.
    But, these “inquiring minds” are quickly reminded of, “The Greater Good”, from the perspective of the “current powers that be.”

    DON’T bring up “THE RULE OF LAW”, debate to me. IT is my opinion, “THE RULE OF LAW”, has been seriously compromised, abused, misinterpreted and misused, by “The Powers That Be”, in this Dunlop persecution. AND, the “mainstream news media”, well, I don’t think they couldn’t interpret an “itch” without “assistance”, let alone “THE RULE OF LAW.”

    Oh yes, “The Greater Good”, which is often referred to in this “Inquiry” and at “Divisional Court”; I believe utilized, to tame the “ignorant” or passive and complicit “blind followers”.

    IN my opinion and in this “unique” “action” against Perry Dunlop, “new ground is being broken”. THESE “Divisional Court “rulings” and “authorities””, will be utilized against future “whistleblowers and dissenting voices”. BELIEVE me, there will be many whistleblowers…..when they realize, what has happened to “our country” (2015-2025).

    BUT, unknowingly, to future whistleblowers, is the fact, “the system” is preparing now, for various reasons, to confront significant, civil disobedience, as “baby-boomers”, come of age, “so-to-speak” and issues of international-national conflict, civil unrest and “globalization”, abound.

    I suspect, LAWS are being modified and new legislation “written”, as we speak.

    Sound too “Orwellian” or cynical for you; sorry. I’ll take the risk.

    DON’T expect this to come from the “mainstream.”

    “The Powers” are afraid of losing control!! THIS IS WHAT “Divisional Court” is NOW ALL ABOUT!! It was on a smaller scale before, BUT NOW, because Perry has “refused” to play their “unfair” game, it has become, “THE BIG STORY.”

    “They” are afraid of more “Perry Dunlop’s” blowing the whistle.

    THE REAL BIG story is what “THE POWERS THAT BE” are willing to do and are doing to “silence” the “whistleblower” and “dissenting voices” as expressed through, “fair comment” and “freedom of expression.”

    AS is implied by the references at “Divisional Court” yesterday and further discussed in Sylvia’s writings, “The Court” believes Perry Dunlop MUST be punished and publicly “defamed” for his “disobedience.” FINE DO IT!! GET it OVER with. BUT the problem for the system is that, DESPITE what “THEY tell and CONVINCE” the rest of the World, forty-five thousand people in and around Cornwall, Ontario, CANADA, know the “truth.” (Another reason, news media “regionalization” of stories was introduced, to minimize public knowledge and outcry; for example:) Who in Cornwall knows what is going on in “Mayerthorpe, Saskatchewan and visa-versa? Both cover-ups?)

    IF this is not “over kill”, what is it? DO you really believe it is “Justice”? Get real!!

    It is “FEAR”. The “POWERS” that have all the “power and control”, are “afraid.”

    IN ADDITION: AS I believe the intent is to totally destroy Perry Dunlop, so must his supporters be destroyed and anyone who believes, that what Perry stands for is, “RIGHT”.

    SO, watch for significant “attacks” by “the mainstream” and “The Powers That Be”, against Sylvia, perhaps myself and other “Dunlop” supporters. The “lapdogs” will surely, attempt to complete their “assignments” to “defame” Perry Dunlop and weaken supporter confidence, with unrelenting and unopposed, “glee”.

    AS the Adrian Harewood-“C.B.C.” interview with Perry Dunlop, has been extensively used to “lynch” Perry, I’m certain this website is being closely monitored. SYLVIA, your writings and postings “will be used against you” to support claims of you, conspiring” trying to overthrow the government or for, spreading hate.

    “BE PREPARED!”.

    PERRY DUNLOP has not made himself a “martyr”, he has tried to “survive”. BIG deal if he spoke to the news. BIG DEAL if he had a rally at his house. BIG DEAL that he called police to say, “come and arrest me”…BIG DEAL!!!. So, make him wash dishes for six months….but sentencing, in this “context”…..NOW THAT’S a BIG DEAL!!!

    TOO much for you “mainstream” to grasp…might have to think….OH, OH, NOT ALLOWED!!! Better wait for the “spoon-fed “spin”.

    “THE SYSTEM” has made Perry Dunlop a martyr. In their efforts to “keep secrets” hidden and thereafter, as a consequence of their “self-righteous arrogance”.

  4. AbsentObserver says:

    I will try to provide some context to the issue surrounding media coverage. While I agree there are biased reporters whose opinions tend to seep into their articles, there are a few things that must be considered.
    Perry appeared before the court without representation. He did not speak to the media before, during or after the hearing. Helen apparently left the hearing room without speaking to the media. How is the media supposed to get their side of things when it comes to the sentencing? When the only people talking are the prosecution, the resulting media coverage is going to appear to be heavily influenced by one side.
    It’s like when the media is covering a trial. There are two sides to cover. Many reporters get labeled as biased or influenced when they are reporting one side of a story. But that’s how trials work. You hear one side first, then the other. Balanced reporting would include coverage of both sides when they are presented. Unbalanced reporting would consist of reporting on one side of the issue and ignoring the other.
    I don’t believe all media outlets have ignored Perry’s side of the story. He has had many opportunities to tell his story. That’s why we all know it so well. I again ask the question, how can the media be slammed for not reporting Perry’s side? The fact of the matter is the CBC interview conducted by Adrian Harewood was ALL Perry and nobody else. Harewood asked all kinds of questions from all kinds of different perspectives, and Perry answered them all. The fact of the matter is people HAVE questioned his motives surrounding the things he did in the 1990s and the choices he’s made regarding the inquiry. Rather than having people speculate as to what those motives and choices are, isn’t it better to hear it from Perry himself? I listened to that CBC interview and felt it was reasonable. Perry didn’t seem overly offended or taken aback by any of the questions. He answered truthfully and with great confidence. I was just pleased to be hearing it from him instead of from other people who claim to know his heart and mind.

  5. chiz says:

    Good post. You make some great points that most people do not fully understand.

    “I swear is all about saving face for Justice Glaude who publicly promised that no one would be forced to testify against his/her will, unilaterally waived Perry’s solicitor client privilege, resorted to deception to secure an inter-provincial subpoena to force Perry to testify against his will, refused and continues to refuse to take Perry’s “no” as “no,” resorted to judicial bullying to put Perry behind bars, and now resorts to what can only be called judicial blackmail and intimidation to force Perry back to the Weave Shed.”

    I like how you explained that. Very helpful. Thanks.

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