This is the copy of the official transcripts to the several venues of the preliminary Inquiry as well as proof that I was maliciously prosecuted. There is no way that the crown could not have known this to be untrue and in fact points out his underhandedness of having to have known it was false before the actually " confession "years later. This is also my proof that the crown himself has lied , mislead a judge, by his own words. Finally this is my proof that long before there ever was a trial, that gender bias was ruled supreme within these proceedings. I will interject from time to time, my own writings or words will be in blue as this one is. Its time for a change and I plan on seeking redress from this entire matter from both the R.C.M.P as an identity, each officer as an individual as well as that of my accuser and the crown representatives, etc
Grab a cup of coffee because this is going to be intense. The following is their justification to bring this to trial.
Quoting from the Supreme Court of Canada decision in Nelles v. Ontario, the Alberta Court of Appeal, in Radford v Stewart, said:
"There are four elements to the tort of malicious prosecution: the prosecution must have been initiated by the
defendant, the proceedings must have been terminated in favour of the
plaintiff, there must be an absence of reasonable and probable cause and there must be
malice or a primary purpose other than that of carrying the law into effect."
In 1999, the Alberta Court of Queen's Bench, in Chopra, adopted these words in relation to this tort:
"The underlying basis for actions founded on malicious prosecution is the allegation of facts which, if believed, would establish abuse of the judicial process while acting out of
malice and without reasonable and probable cause and which judicial process did not result in a finding of guilt of the party alleging the abuse."
In Remedies in Tort, the authors state:
"Traditionally, the proceedings must have resulted in economic loss to the plaintiff, involved him in scandal or subjected him to the possibility of imprisonment. As a result, most proceedings involve criminal prosecutions although there is no binding authority that this must be so. The courts have recognized malicious prosecution actions in the area of
bankruptcy on the basis that, like criminal prosecutions, injury to the reputation of the plaintiff occurs before the plaintiff is given an opportunity to rebut the allegations against him."
Malicious prosecution claims have succeeded when unfounded and malicious complaints have been made to professional associations, such as in the 2006 decision of PEI's Supreme Court, Griffin v the City of Summerside, and in which the above extract from Remedies in Tortwas relied upon.
"By far, the majority of cases of malicious prosecution are found to originate in a criminal context. However, there is no authority which has been cited which restricts a malicious prosecution action to a criminal proceeding. The case at bar arises from a disciplinary hearing against Griffin. It is common ground among all the parties, with which I agree, that the tort of malicious prosecution is available to the plaintiff, Griffin, in this case. The onus is on him to prove the tort and each and every element of the tort."
In Griffin, the plaintiff made out his malicious prosecution claim and was awarded general damages of $40,000 (plus $33,640 for his costs and disbursements).
Elements of Proof
To win a suit for malicious prosecution, the plaintiff must prove four elements: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case, and (4) that the defendant initiated or continued the initial case with an improper purpose. Each of these elements presents a challenge to the plaintiff.
I meet each of these criteria. By the very fact it is proven is that the same that you are about to read is what happened under examination in chief by yet another new crown representative. Mrs Joyce alone acted responsible and moved for an acquittal. The following are the preliminary trial transcripts, so if they are addressing that which was addressed in trial proper then that leads to the conclusion that the matter was malicious prosecution as the trial should never have occurred and I be made to remain in suspension for years more.
Action No.: 110584125P1
E-File No.: RCPI2HARMSJOSE3
Appeal No.:
IN THE PROVINCIAL COURT OF ALBERTA
JUDICIAL CENTRE OF EDMONTON
HER MAJESTY THE QUEEN
vs
JOSEPH AARON HARMS
Accused
PRELIMINARY INQUIRY
Athabasca, Alberta June 4, 2012
St. Albert, Alberta June 7, 2012
Athabasca, Alberta June 11, 2012
Boyle, Alberta December 3, 2012
Transcript Management Services, Regional
4909 - 43 Avenue Red Deer, Alberta T4N 3T5
TABLE OF CONTENTS
Description
June 4, 2012 Morning Session
Ban on Publication - Evidence
In Camera - Public Excluded
ANGEL ROBERTS, Sworn, Examined by Mr. Mahon
Certificate of Record
Certificate of Transcript
June 4, 2012 Afternoon Session
Discussion
Certificate of Record
Certificate of Transcript
June 7, 2012 Morning Session
Discussion
Certificate of Record
Certificate of Transcript
June 11, 2012 Morning Session
Discussion
Ban on Publication (Identity of Complainant)
Ban on Publication (Evidence)
June 11, 2012 Afiemoon Session
Discussion
Certificate of Record
Certificate of Transcript
December 3, 2012 Afternoon Session
Discussion
ANGEL JANE FAITH ROBERTS, Affirmed, Cross-examined by Ms. Boisvert
SAMANTHA ELLEN ROBERTS, Sworn, Cross-examined by Ms. Boisvert Order to Stand Trial
Certificate of Record
Certificate of Transcript
1
1 Proceedings taken in the Provincial Court of Alberta, Courthouse, Athabasca, Alberta
2
3 June 4, 2012 Morning Session
4
5 The Honourable The Provincial Court of Alberta
6 Judge Myers
7
8 J.A. Mahon For the Crown
9 D.M. Boisvert For the Accused
10 C. Cemy Court Clerk
11
12