Hearings resume at 09390 hours (9:30 am) this morning, Monday, 08 December 2008. Retired Detective Inspector Pat Hall will take the stand to resume his examination-in-chief and then commence cross-examination.
Witnesses scheduled for the week are as follows:
Detective Inspector Pat Hall (retired) – Ontario Provincial Police
Deputy Commissioner Chris Lewis – Ontario Provincial Police
Lynn Robinson, Assistant Crown Attorney – Ministry of the Attorney General
Claudette Wilhelm, Assistant Crown Attorney – Ministry of the Attorney General
A pretty heavy schedule 🙂
Lots of time to think though 🙂 The “wilful” non-disclosure business at the Leduc “trial” has been rumbling through my mind.
Something really smells there. I had always felt that the OPP stabbed Crown attorney in the back on that one. I am now convinced more than ever. The trouble is the while thing is so convoluted I can’t yet put it together succinctly to show just how badly it smells!
I looked back over my last blog on the matter. A bit of a mess. Apologies. I tried to touch on the mess without all the data at my finger tips. I think in the long run all I did was create confusion.
I really do need and want to get at the Leduc trial transcripts which I have on hand but, – time. I just don’t have to time. Frustrating. Not the way I am used to doing things. I like time to pore through documents and I just can’t get it.
But, lots of time to think.
A few fledgling thoughts on the non-disclosure mess:
(1) There were two sets of documents not disclosed to defence at the Leduc trial: (1) Perry Dunlop’s Will State and possibly some notes, and (2) Joe Dupuis’s notes referencing the visit to C-16’s home when Perry happened to call C-16’s mother back to see how she was doing.
Project Truth officers were familiar with Perry’s Will State. They also knew of C-16’s call to Perry and Perry’s call back to see how she was. The latter was noted in Dupuis’ notebook. The former was known to them and hand been discussed.
Shelley Hallett had also seen Perry’s Will State. She had access to it when she went through nine boxes of materials in relation to her disclosure obligations to Father Charles MacDonald. Hallett did not know that Perry had any connections to the Leduc trial. No one had told her. Nor had she seen Dupuis’ notes – the OPP hadn’t disclosed them to her. Because she knew nothing of the mother-Perry contact she was not, she said, thinking Leduc at all when she went through the nine boxes. Hallett testified on 14 February 2001 she went through the materials in a “cursory” fashion.
(2) Does it make any difference in the long run whether or not defence alleged “wilful” non disclosure by the OPP or wilful non-disclosure by the Crown? I haven’t thought that one all the way through, but I am inclined to think it did. Had the defence allegation remained one of wilful non-disclosure by the OPP the Crown, Hallett, would have continued to argue as she had already done that it was not wilful. She would without doubt have argued that it was an inadvertent oversight on Dupuis’ behalf and certainly not wilful.
Was that fact or fiction? Is it possible OPP Project Truth officers did indeed wilfully withhold Dupuis’ notes?
I don’t know.
And were it fact that it was inadvertent would that have washed with the thoroughly conflicted Justice Colin McKinnon?
(3) When Leduc’s defence morphed the allegations against the OPP Project Truth officers into allegations of wilful non-disclosure against Hallett, there was no one but Hallett to argue on her behalf! I don’t see nay indication that the OPP made any effort whatsoever to show defence that Hallett’s non disclosure was inadvertent. To the contrary. The PT officers seemed bent on setting up a scenario which implied wilful non-disclosure by the Crown.
(4) I believe Hallett would have wanted to defend the OPP’s non-disclosure of Dupuis’ notes not only because she wanted to defend Dupuis and the the PT officers but because she knew that to do otherwise would mean there was a strong possibility Leduc would “walk.” And she did not want to see Leduc walk.
The OPP officers would have known that taking the steps which they took to shift the focus onto Hallett entailed the strong possibility that Leduc would “walk.” They carried right along.
(5) The way the morphing unfolded made it appear that Hallett didn’t want defence to know she had ever laid eyes on Perry’s Will State and had deliberately with-held a documents which proved otherwise. Days earlier Hallett had told the court she had seen the Will State. Project Truth officers were there and heard Hallett. McKinnon heard her. Leduc heard her. Leduc’s “dream team” heard her.
(6) As a result of this mess, Leduc “walked,” Hallett apparently felt she could no longer work with Pat Hall, Hallett pulled out of Father Charlie’s case, a new Crown had to be called in for Charlie, Charlie eventually walked claiming his right to a speedy trial had been violated.
They’re on. I must watch and listen,
Enough for now,