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.
Enough for now