Wednesday, 17 June 2015

"Without Prejudice". (blog 116)

This as you can see was the offer from the crown to myself for me to plead guilty. This offer was dated September 11,2014. The first offer, similar in nature and offered to myself 2 days after my acquittal from being falsely accused.There are a number of issues with this and I will go through them individually.
Since I refused their offer and exercised my rights under law to a trial, I have paid a very unfair price  in many respects. First off, Yesterday the judge rendered his verdict and found me guilty of 11 counts of "assault causing bodily harm against police officers and that of my girlfriend at the time". Yet I was found NOT GUILTY of possessing a weapon and not guilty of breach of conditions to remain from weapons or from alcohol while under bail restrictions.
First of one would have to wonder how then I can be found guilty of assault with a weapon when I was found not guilty of having or possessing a weapon. And even charged with breach of conditions when THEY booked me in as "Sober"
Please read the first page of the offer:

Image result for frustrated man

without prejudice

Law phrase: Without abandonment of a claimprivilege, or right, and without implying an admission of liability.
(1) When used in a document or letterwithout prejudice means that what follows (a) cannot be used as evidence in a court case, (b) cannot be taken as the signatory's last word on the subject matter, and (c) cannot be used as a precedentContents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute out-of-court, it is the genuineness of the effort that determines whether the proposal can disclosed or not, and not whether the words without prejudice were used.
(2) When a court case is dismissed, or a court order is issued without prejudice, it means that a new case may be brought or a new order issued on the same basis as the dismissed case or the original order.

Read more:

So if I was to have plead guilty to these offences then they would in effectually drop an additional 8 charges. The problem is in the plea deal I would have been pleading guilty to 3 charges I have now been found NOT guilty of in court and yet I have been found guilty off 10 assaults against police with a weapon causing bodily harm, including that of my wife. Many of which they were more then happy to drop in a plea deal. Lending validity to the absurdity of the matter because why would you agree to drop 8 assaults against police officers if that were the case.?

At the time I was being falsely accused of rape( a matter now concluded in court in front of a jury by way of confession from the accuser) and I find it ironic that had I accepted the plea deal I would be pleading guilty to not only charges I have been now found NOT guilty of but 2 assaults with a weapon against females. 
The 9 men didn't seem to matter and in fact as you read down, they not only wanted me to plead guilty but also register my DNA with the national DNA data bank and to never have any further contact with the person who is now my wife. It would seem to me that if there was any assaults at all, the men were simply expendable? Their actions were absurd, but convictions were needed against me for the females elluded in all of this as I had yet to have my trial for the principal charges of being an accused rapist.Thus the whole DNA issue as well

Obviously I decided to refuse my plea deal. However, that which they wanted me to plea to I was found not guilty of "possession of a weapon","breach of conditions to have weapons"," breach to abstain from alcohol while under bail". So if there was no weapon, why assault with a weapon?, why am I now charged and found guilty of 11 assaults with a weapon? 
1 of those is my wife who the judge decided she was unbelievable and just sticking up for me, despite the fact that all the police officers that originally attended our residence all clearly testify that "THERE WAS NO ASSAULT, SHE DIDN'T WANT US THERE".
 The following is a letter from her to a friend within the government just  8 days after the fact. Now remember, I was indeed in jail and a emergency protection order placed on myself by the original responding female cop. All police testified that there was NO assault one my wife, she testified to this and in fact wrote this 8 days after the incident in large.
Please read: 

If you cannot read them then just click on them and they can be blown up. The judge decided my wife was depended on me and therefore would lie for me despite us being apart for 5 months and her living just fine on her own. Equally treated was every other witness that was called by the defence. Apparently the only ones telling the truth was the officers involved one way or another despite their paperwork, testimony and actions.
 Continuing on with what she wrote just 7 days after my arrest, and in fact aided me with a Lawyer and got one herself.She found that it were better for her to move to Calgary (some 350 kilometers away)  to get away from Officer Gavins constant harassment to testify to what they tell her which was false, to allow them to lay additional charges and generally just play along with their script however false. This included offers of financial recompense, relocation fees that may be incurred, etc.
 So she moved to Calgary to be close to family, Without the aid of police and their offers and changed her phone number so they could no longer contact her with their absurdities , yet I was sent her number. Says a lot doesn't it.?
5 months we were apart until she fought and won with her lawyer to have the no contact order dropped by the they Crown attorney. Since then my acquittal from the principal charges (false allegation of rape) we have remained together through thick and thin. Despite still being charged with "assault with a weapon causing bodily harm", we have had no issues, police haven't had to attend to our residence period as they should have never attended in the first place years prior.

 So why is she unbelievable?, closer to the date of events are more accurate no? I was in jail, she didn't need me.Why were the male police officers expendable in the plea bargain if it was ever true, ever happened that way at all.?
This is Constable Baragar who inherited the role of general lead investigator, The guy to gather all the info if you will.Notice in the first page it says something from Kyla that there was no need for them to be there? They should have walked away then unless they had other plans. Fact is they ran my name and the FACT that I was being charged with sexual assault of a minor, regardless of innocence until proven guilty, regardless for upholding rule of law did then seek out to create a situation to their desired outcome where they thought they were protecting the community from some kind of monster. Is this an indictment against this entire police force, certainly not! Was there a couple bad apples that got caught up, you bet and it can happen to anyone. I myself look at the situation, put myself in their shoes, I too would have wanted to jail an accused sicko. However, that's why I am not a cop and cops are supposed to be trained for this sort of would reasonably assume so.

In this second page of his report you will see the highlighted area of #6,#10, and 11. The man admits he was stationed outside from the on set, never entered until he came back with a warrant hours later. Which is just nuts in itself because if you knew you needed a warrant why didn't you have one? Why does no one in authority make comment, reprimand, nothing about this blatant charter rights violation?
How then am I charged and convicted of"assault with a weapon causing bodily harm to a police officer"  when it is him and reportedly never inside by his own pen. Did my mere presence assault him?And doesn't he acknowledged that Constable SAUTER was with him? funny I'm convicted of assaulting him as well. Hell I was already in when these 2 guys alone entered the building cells!
A few more and I'll call it quits for tonight.

First off there is much more I"ll get into later. The first page you will see that I was " lodged( no warrant) ( highlighted)'Detention types: Found committing;Reasonable grounds, Undertaking/  recognizance breach.'Let's go over these. Found committing what?, reasonable grounds, pretty vague, in fact I was in my own home when they decided to kick the door in with no warrant. Undertaking/recognizance breach, In fact was found not guilty of that.
There's a reason they charged me with all of this in a misdemeanor way and that reason was if the had gone the more serious way like Indictable ( assuming this was all true one would assume they would, after all they rolled 2 tactical units on me, evacuated a building, several officers alleged assaulted with a weapon, it was nuts) Sadly no, the went summarily to avoid this ever going in front of a jury of my peers, judge alone was my fate. I don't know many judges that go against the cops regardless the evidence.

Page 2. Highlighted at the top. State of detained person:SOBER
Was force used;NO
was capsicum (O.C) used:NO

His report is endless dribble like that of a runny nose that you just can't stop and is annoying. For giggles he throws himself on the list of "victims" even though he was admittedly outside the entire time with his toy , I mean machine gun.

Still even though found not guilty of a weapon, I too was found to have assaulted him even though it was unfathomably impossible. The judge sights that I was drunk! yet the booking report says SOBER! Incidentally I was found not guilty of that as well. Was Fore used?NO, well I guess we have different versions of what force means. I have a list of the police officers that attended my residence that day and or conducted crowd control, traffic, etc and there was an unbelievably 52! officers!. That is right, 52! what am I Osama Bin Laden?
 Was O.C spray used? NO! Weird, there was so much pepper spray used they evacuated a 3 story building. regardless of the evidence like "sober" still I sat with that charge for years. Imagine a guy booked for D.U.I and his breathalyzer was negative.

Trust me there is more to come yet

Like I said there is more
I was found guilty of assaulting this man. Scott Carter. You will see in his highlighted report That He"ordered the evacuation of the 3rd floor". Yet NONE of these people were interviewed or had any witness statements taken from them. Why? Because they were pissed off at what the police were doing to me and I was friends with my neighbours, so plainly the cops wouldn't record or write down what they had to say. Let's play Devil's advocate a moment, say my neighbors hated me, I was in the wrong as police suggest, then why on Earth was I never charged in the assault of all of them?, they to were overcome by spray as he writes, that would be assault. didn't happen that way????

He goes on to say that "I would later note when the Bear spray can was recovered in the complainants suite, that it was a large commercial, fire extinguisher size bottle typically used by game wardens and wildlife officers, not the generic variety available at camping stores.)) AHHH the flair for drama!
In real life it wasn't much bigger than theirs, we have photographs of it and yes it is "the generic type" and yes "we did purchase it at a camping store "I did so legally and that store is called called Canadian Tire.
He goes on to claim that I would be arrested for "assault I committed earlier on my girlfriend" what Assault.? she even told you all to leave, there was no assault that day or any other. But no you all hang around and attack a man, create a situation to justify your means, actions. This literally could happen to anyone.!

For now I'll end with this. This was the law Enforcement review board hearing from back a few years earlier. This is why Please read the "Mr SOCKO'S Ten principles of downtown policing ( alternatively known as MR SOCKO"S  'DOWNTOWN WAY')
Pay good attention to #1). All the best investigations end in a brawl
The rest just gets more bizarre and in fact he received no punishment but 2 promotions and is widely known to still have this attitude in the courtroom and on the street. Currently, he has 3 complaints awaiting to be dealt with by the L.E.R.B of similar racial, intimidating , violent ways.

Few things to explain here. First of all I never assaulted my wife, well then she was my girlfriend and who is now my wife in the before stated. Secound, If I was "sober, no capcisim spray used, no force used " then why would police report that not only did they have no reason to be there, but that they also used pepper spray, and to top it off they call in 2 tactical units. Yet I was found not guilty of a weapon and clearly by their "own evidence "there were many witnesses, yet they didn't take a single witness statement or any of the endless video camera footage.....because as they said in court "either it wasn't my job or there wasn't anything"

Look, Cops aren't morons and actually there is a large number of them that have Law degrees and that isn't an easy feat of intelligence. They are also trained very extensively in everything from tactics, forensics,and recording events and the important nature that what they are observing. You might think that I am making argument for them but I am not. In my case it was a simple as this.

A Female officer shows up for a domestic abuse call (allegedly), the alleged complainant dismisses the officer. Officer runs alleged suspects name and a gamut of sexual assault claims that came from one now admitted liar and shit hits the fan. Throwing the constitution out the window she sets the pace, throw in "officers in need of assistance, officer down" (we could never really get a straight answer to her distress call) and all hell breaks lose. The department disperses and along the way they find out who they are dealing with, allegations and all and they go in with that mindset, further heightened by the fact that anyone can see....there is 52 of us, including 2 swat teams, shit this is bad.

If it wasn't that way, I wouldn't have gotten a 1 year community sentence to keep the peace and be of good behavior. In the end I am upset about the way I was treated. I am upset that I will never feel free to exercise my rights to privacy and tell a police officer no you can't come into my home, even when I have done nothing wrong. I am extremely saddened that now I have a criminal record that includes nearly a dozen assaults against police with a weapon causing bodily harm! Imagine my extreme fear of even being pulled over for a ticket.

Despite it all....I believe that cops or rather police officers fulfill a roll in our society that cannot be limited to words. The things they have to do on a daily would make most crumble and they fulfill a roll in our society that will be forever needed. A thankless job ready to make the ultimate sacrifice.
Where all the cops bad that day? resounding no. However, not all were good and their rolls sucked in those just doing what they oathed to to no more aware.

Something that was never made public about that day but was questioned in court where one officer told the absolute truth as I previously reiterated to my attorney. She admits that the "vehicle did make a stop but I said nothing to Harms"
I asked the male officer to pull over somewhere where we could talk and he did. We spoke about the stresses that being falsely accused was like and how frankly I was exhausted and really didn't care to live anymore under such a vile and cruel cloud, treated differently, violated and harmed. He told me that "If you are not guilty, you cannot give up, you must fight on. Never stop or else forever you'll be guilty" I apologised if I had caused anyone harm, we spoke about why police even attended my place and what role did my accusations against me play. Agreed that it was a flawed system and they took me to jail.

Despite him refuting that he ever pulled over in court, despite his partner saying yes we did. Despite it all I will always have rule of law at heart and believe in it. And to the male officer, I took your words to heart and fought on. Eventually I was exonerated and the healing goes on.

Free speech, no secrets