Tortured by Canadian government: The cross examination of a false accuser, yet they feel it deserved a trial. (blog 126)

https://youtu.be/QhJ6bE4z5vs
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 ofmalice 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.

3 December 3, 2012 Afternoon Session

5 The Honourable The Provincial Court of Alberta

6 Judge Myers

8 G.C. Marchant For the Crown

9 D.M. Boisvert For the Accused

10 D. Busch Court Clerk

12 Before we begin here. This is now the second cross examination of Angel Roberts. It's been 8 months since her wanting a Hamburger instead of answering direct questioning and shit really gets deep, yet as far as I am concerned ...not deep enough. She is questioned about going on to accuse falsely 2 others since the last day in court. Her answer, she re accuses them ! even though she wrote a letter recanting and never showed up for their preliminary inquiry( theirs got dismissed because she didn't show up) The crown has been replaced and the judge doesn't even give her any shit for not attending court. She throws fits, storms off the stand at will, only to converse with her mother awaiting in the lobby. We know this because my supporters viewed and heard all this also awaiting in the lobby.

My wife and I had to drive 4 hours to get to court in a snow storm and yet I had to turn myself into the RCMP by 8:00 am to make sure that I WILL BE THERE FOR COURT!. The terrible list goes on and a new version of her story emerges yet again.

13 Discussion

15 MR. MARCHANT: Sir, we have, because of the screen and the way

16 the courtroom is set up, we have had to vary this a little bit.

18 THE COURT: Sure.

20 MR. MARCHANT: We’re putting the screen in front of the

21 accused. There -- just for the record, there is a publication ban in effect. The courtrOOm

22 has been closed, and there was an order for the screen. The Crown examination of the

23 complainant, Angel Roberts, has been completed, and she is now being produced for

24 cross-examination.

26 THE COURT: Yes.

28 MR. MARCHANT: There were two other Crown witnesses that

29 were going to be called. One of them is not going to be called today. That is Constable

30 Folk. The reason he is not going to be called is because this morning my friend and I

31 talked to him. She got the information from him she wanted. She doesn’t require him

32 today.

34 THE COURT: All right.

36 MR. MARCHANT: And the other witness, Samantha Roberts, will

37 be produced for cross-examination.

39 THE COURT: Thank you.

41 MR. MARCHANT: So with that, I will go get Angel.
Please do go get her. Court was told to start at 10:00 am, I had to turn myself in at 8:00. yet court doesnt start till like 2!

2 THE COURT: Thank you very much.

4 MS. BOISVERT: Your Honour, just while Ms. Roberts is coming

5 in, I’d just like to note for the record I’m going to try to get through this fairly

6 quickly. I’ve been suffering a little bit myself health-wise today, but I will struggle

7 through and get through this today. If I do need a brief adjournment, I may ask for that,

8 Sir.

9 Are you fucking kidding me? every court case or important date she is ill. Is anxious to "put it off" etc.

10 THE COURT: Sure. Aﬁemoon, Angel.

12 MS. A. ROBERTS: Good aﬁemoon.

14 ANGEL JANE FAITH ROBERTS, Afﬁrmed, Cross—examined by Ms. Boisvert

15 No mention of "good anything" to shrek in the prisoners box. Not human I guess.

16 THE COURT: Good aﬁemoon, Angel. Angel, we’re not in

17 Athabasca anymore so we don’t suffer that huge noise problem that we had last time.

18 So -- but I am going to ask if you could speak as loudly as is possible for us. Okay?

19 Buddy there was no "huge noise problem in the first place. we all heard her, it was recorded....you just dragged it out.

20 A Yeah, I will.

22 THE COURT: Ms. Boisvert, your witness.

24 MS. BOISVERT: Thank you.

26 Q MS. BOISVERT: Ms. Roberts, I’m going to ask you some

27 questions that may sound like I’m asking you the same thing that the Crown

28 prosecutor last time did. Some of them are to conﬁrm certain details, so please be

29 patient with me as we go through this. Okay?

30 A Yes, I will.

32 Q Thank you. Now, back in June when we were in Athabasca, Angel, you were 16 at the

33 time; is that right?

34 A Yes.

36 Q And you’ve had a birthday since then, so you’re 17 now; is that correct?

37 A Yes.

39 Q Okay. And you told the Court that you were living with your mother and grandmother

40 at 4816 - 53rd Street; correct?

41 A Yes.

2 Q And just to conﬁrm, you mentioned you’d lived there for about eight years. Is that

3 accurate?

4 A Yes, it is.

6 Q And you hadn’t lived anywhere else during those eight years. Just always at this same

7 residence.

8 A M-hm.

10 Q Sorry. You have to say yes or no.

11 A Yes.

13 Q Okay. And so this is the same house that you had lived in pretty much during the

14 entire time that -- that Mr. Harms was your step-father, if we can put it that way.

15 A Yes.

16 No this was false but we were getting her on the record for trial, she is so bat shit crazy she doesn't even know where she has lived.

17 Q Okay. Now, when my ﬁiend asked you about the kind of relationship that you had

18 with Mr. Harms, you indicated that he was your step-father and that on -- that the

19 relationship was on and off; is that correct?

20 A Yes, it was.

22 Q And so by that, do I underst you to mean that there were times when the

23 relationship between you and Mr. Harms was good? You were getting along ——

24 A Yeah.
Yeah until I said no! and that she was going to go live with her father.

26 Q -- and then other times when you were ﬁghting a lot.

27 A Yes.

29 Q And that would be one of the off periods as you described it.

30 A Yes.

32 Q And you also told the Court that right around the day that this incident happened that

33 brings you to court today, that you and Mr. Harms had been arguing quite a bit; is that

34 right?

35 A Yes, we were.

37 Q So the day before you’d been arguing.

38 A On the day of.
She starts this attitude with my lawyer of cutting her off, etc. Refusing to answer questions.

40 Q The day of as well or not the day before but just the day of?

41 A Just -- just the day of.
Its my understanding that you just said we were arguing days before and in the past?

2 Q Just the day of.

3 A Yes.

5 Q Okay. And those arguments, you were fairly, I think, candid in saying that the

6 arguments were about you not doing your chores.

7 A Yes.

9 Q Is that right? And then giving attitude, I think is how you put it.

10 A Right.

12 Q And not doing well in school and missing school. Were those other things that you

13 were arguing about as well?

14 A Yes.

16 Q Okay. And when you say missing school, I take it that -- correct me if I’m wrong, but I

17 take that to mean skipping school.

19 A Yes.

20 Q About how long would you say that you were -- had been having difﬁculties in school

21 that led you and Mr. Harms to argue over it, over that issue?

22 A I don’t -- I don’t know. Can’t remember.
She just admitted to that, now here we go again with the "I can't remember"

24 Q More than just a day?

25 A No, I can’t remember.

27 Q So perhaps a few months that this had been going on that you’d been having some

28 difﬁculties that caused you and Mr. Harms to have argnments?

29 A M-hm. Yes. Yes.

31 Q Okay. But none of those ﬁghts were about your friends, I take it.

32 A No.

34 Q And none of those ﬁghts were about boyfriends.

35 A No.

37 Q And you did, I take it, have boyfriends on and off around that time in your life.

38 A I only had one.

40 Q Only had one. Okay.

41 A M-hm.
Yeah she did. while she was 13 she started dating a 21 year old! this was unacceptable to me and any reasonable parent. Tried as I might, I couldn't keep the two apart and the RCMP would do nothing!

2 Q And I take it you mean at that time, as of May of last year.

3 A Yes.

5 Q So on the day that this whole incident happened that brings you to court, your mom

6 was working at Home Hardware.

7 A Yes, she was.

9 Q And you were hanging out at her work.

10 A Yes.

12 Q Approximately what time was it that Mr. Harms came to Home Hardware the ﬁrst

13 time to come and get you?

14 A I can no longer remember.

15 Bullshit. when I awoke she was home, went to my Doctors appointment with me, then to her mothers work. She will admit to that soon.

16 Q Do you remember what your mom’s shift was that day?

17 A No.

19 Q And you and Mr. Harms walked home from the Home Hardware; is that right,

20 together?

21 A Yeah.

22 Wrong took a cab. at trial she will admit to that as well.

23 Q And about how long does that walk take from your -- from the Home Hardware to

24 where you live?

25 A Not long.

27 Q So if you had to put a time on it?

28 A I wouldn’t know the time.

29 In direct examination she said it was around 1.

30 Q Okay. You’ve done that walk more than one, I take it.

31 A M-hm.

33 Q So if you had to estimate?

34 A I don’t know.

36 Q Is it a two-block walk?

37 A I don’t know.

39 Q Is it --

40 A I don’t know.

Just what do you know. Full of attitude, cutting my attorney off, can't remember, don't know".

1 Q You have --

2 A I don’t--

4 Q -- no idea.

5 A No.

7 Q You’ve never actually looked at the clock and --

8 A No.

10 Q -- said, Mom, I’ll be home --

11 A No, I haven’t.

13 Q -- in ‘X’ amount of time --

14 A No.

16 Q -- or I’ll come pick you -- see you at work in ‘X’ amount of time.

18 How long has your mom worked at Home Hardware?

19 A I don’t know. Maybe ﬁve years.
Miss attitude knows this though

21 Q Okay. And I take it this wasn’t the ﬁrst time that you’d gone to her work to hang out

22 there.

23 A M-hm.

25 Q Is that a yes or a no?

26 A That’s a yes.

28 Q Okay. So you’d been there on other occasions before.

29 A Yes.

31 Q Okay. And I take it that wasn’t the very ﬁrst time you’d walked to or from Home

32 Hardware from your home.

33 A Uh-uh.

35 Q Sorry. It’s -- this is recording what you’re saying, and ah-ha and um-um doesn’t record

36 one way or the other, so you’ve got to say yes or no, Angel. I’m sorry to keep

37 pestering you on that.

38 A Yes.
Yet she keeps doing that.

40 Q Thanks. Were you and Mr. Harms arguing on the way home while you were walking

41 together?

1 A So if I just leave right now, what’s going to happen?

2 Right here they should have called an end to this, this is the second time she has refuse to testify, ask to leave and or simply not appeared for court. Yet they feel it should go to trial. Oh and she falsely accuses 2 others since myself.

3 Q I can’t tell you that, ma’am. I’m sorry.
Why on earth doesn't anyone ask if she is telling the truth???

4 A Okay. Well, I want a break right now.

6 THE COURT: Angel -—

8 A I want a break.

9 See the control she has over the courts?

10 THE COURT: I appreciate -— I hear you, but I just -- you

11 asked a question, and I assume that because you asked the question, you seem to be like

12 an intelligent young woman and wanted an answer to it.

14 A M-hm.

16 THE COURT: Okay. What’s going to happen is you are here

17 as a witness, and unfortunately when you get a subpoena you are under a duty to take the

18 stand and in your case promise to tell the truth. The defence lawyer is entitled to ask you

19 questions with respect to your evidence. If they’re improper questions, the Crown

20 prosecutor will object, and then I’ll make a ruling on it. But until then, that’s

21 unfortunately the process.

22 Second verbal warning, yet no reprimand, she controls the scene.

23 A Well, I want a break.

25 THE COURT: Sure. We’ll give you a five-minute break and

26 then start in ﬁve minutes. Okay.
They just cater to her

28 (ADJOURNMENT)

30 (WITNESS RE-TAKES THE STAND)

32 THE COURT: Thank you. Good afternoon again.

34 THE COURT CLERK: Can I just please get you to acknowledge

35 you’re still under oath?

37 A Yes, I am.

39 THE COURT: Thank you. Ms. Boisvert.

41 MS. BOISVERT: Thank you.

68
Yet I was told by my supporters that she had gone and told her mom "I'm sick of the lies" I just want this over. Her mother responded "you just do and say what we are telling you too or we will lose everything"

2 Q MS. BOISVERT: Ms. Roberts, my last question to you was that

3 when you and Mr. Harms were walking home from the Home Hardware the ﬁrst time,

4 walking together, were you and he talking or arguing during that walk home?

5 A I can’t remember.

7 Q You both arrived home at the same time, I take it.

8 A Yes.

10 Q And I take it, it was once you got home then that you started into an argument with

11 Mr. Harms.

12 A Yes.

14 Q Okay. What was that about?

15 A I don’t know.

17 Q But you do recall Mr. Harms saying, If you don’t want to be here, you don’t have to

18 be here.

19 A Yes.

21 Q And at that point, you left to go back to your mom’s work at Home Hardware.

22 A Yes, I did.

24 Q How did you get back?

25 A I walked.

27 Q Okay.

28 A Because I have two feet.
What a little bitch

30 Q And I take it that my understanding from your testimony, Ms. Roberts, was that once

31 you got back to Home Hardware, you and your mom talked, and it was decided that

32 you would again return home.

33 A Yes.

35 Q And so you walked back home by yourself.

36 A Yes, I did.

38 Q Okay. And you indicated to the Court that when you walked home that second time by

39 yourself that it was raining outside; is that correct?

40 A It was.

41 Please see the weather data report, the cops knew it didn't rain that day. neighbouring town of Slave lake was burning down and she admits this to be a lie at trial as well.

1 Q Do you remember how hard it was raining?

2 A No.

4 Q Was it raining hard enough that when you got home you were soaked through?

5 A Yes.

7 Q I’m sorry?

8 A Yes, I was.

10 Q Thank you. So would you agree with me then that it was raining quite heavily?

11 A M-hm, it was.

13 Q And was it raining the whole time that you walked home that second time?

14 A Yes. it was.

15 Please view this http://climate.weather.gc.ca/climateData/dailydata_e.html?timeframe=2&Prov=ALTA&StationID=47047&dlyRange=2008-06-05|2013-01-14&Year=2011&Month=5&Day=01 The day in question was May 21,2011. Just another STOP sign they chose to ignore.

16 Q Had it been raining when you walked home the ﬁrst time?

17 A No.

19 Q When you arrived home that second time, Mr. Harms wasn’t in the house when you

20 got home, was he?

21 A No, he wasn’t.

23 Q And so at that point, that’s when you went to your room, and you said because it was

24 messy; is that right?

25 A Yes.

27 Q So I take it you were going to clean your room.

28 A Yes, I was.

30 Q Did you hear Mr. Harms come back into the house?

31 A No.

33 Q Do you know about how long you were in your bedroom before he came back in?

34 A I wasn’t in my -- I wasn’t in my room that long, and then I heard -- I didn’t hear the

35 door close, but I looked over into the livingroom. I seen him laying on the couch.

36 How does this make sense?

37 Q So he had gone into the living room and laid down on the couch.

38 A Yes.

40 Q And you could see him laying on the couch from your vantage point in your bedroom?

41 A M-hm.

2 Q Was there any talk between you and Mr. Harms at that point?

3 A No, there wasn’t.

5 Q Okay. How long was he laying on the couch?

6 A Not that long.

8 Q So when you say not that long, do you mean just a minute or two or do you mean half

9 an hour?

10 A A minute.

12 Q Pardon me?

13 A A minute.

15 Q A minute. Okay. What caused him to -- I take it the next thing he did was come into

16 your room.

17 A Yes.

19 Q What caused him to get off the couch and come into your room?

21 MR. MARCHANT: Objection. I don’t think she can answer that.

23 MS. BOISVERT: Sorry. I’ll rephrase.

25 Q MS. BOISVERT: What was the ﬁrst thing that Mr. Harms said to

26 you when he came into the bedroom?

27 A He was getting mad at me.

29 Q Okay. Do you remember about what?

30 A No. Him -- just usually the same stuff I go through when he’s drinking like that. Just

31 always -- just anger, anger, and then the next day he tries to cover it up, apologize.

33 Q You mention the same when he’s drinking. You had mentioned in your testimony that

34 you saw the ﬁrst time when he came to Home Hardware that he had a bag with him

35 that looked like it had alcohol in it; is that right?

36 A That is true.

38 Q Okay. Do you know for sure that there was a bottle of alcohol in that bag or is it just

39 something that you’re guessing at and wasn’t quite sure?

40 A Yes, I am sure.

1 Q Okay. When you got home with Mr. Hams that ﬁrst time, did you see him crack the

2 bottle?

3 A No, I didn’t.

5 Q Did you see him consume any alcohol that afternoon yourself?

6 A No.

8 Q So he comes into your room and -- and the argument starts right away, I take it;

9 correct?

10 A Yes, it did.

12 Q Now, you had mentioned back in June in Athabasca, Ms. Roberts, that at some -- at

13 some point early on here in the argument Mr. Harms then put you in a choke hold

14 against the wall; is that right?

15 A Yes, he did.

17 Q Which wall of your bedroom was that?

18 A Just below my window.

19 Yet in Chief examination she said it was on the bed.

20 Q And when you say a choke hold, can you -- can you describe how the two of you

21 were positioned in relation to each other? Were you face to face? Was he -- did he

22 have your back to him?

23 A Face to face.

25 Q Face to face. Okay. Can you please describe how he was holding his arm against your

26 neck or his hand? I -- I’m not quite sure what you mean by a choke hold.

27 A Like that.

29 Q So he’s got two hands crossed over each other against --

30 A No.

31 she explained by putting both her hands across her neck and that is why my lawyer describes her actions because clearly they cannot be seen on transcripts.

32 Q -- your neck?

33 A No, he had one, and it’s completely covered neck, and he had a ﬁst to my temple, and

34 I thought he was going to kill me.

36 Q When you say a ﬁst to the temple, was he just holding it there?

37 A No, he kind of held it there for a while, and then he just kind of slowly dug it into my

38 temple, and it wasn’t (INDISCERNIBLE)

40 Q What’s the very next thing? How does -- how does he stop this choke hold?

41 A He picked me up.
What a line of shit, she takes over the courts, doesn't answer direct questioning and just blurts out a bunch of shit!

2 Q He picked you up. So the two of you were standing face to face, and then he reached

3 down and picked you up; is that right?

4 A No, we weren’t standing. We were -- we -- I was sitting down, and he was kneeling

5 on my bed, just sitting on my bed.

WTF!? BACK INJURY, IN A HARNESS AND HOW DOES ANYTHING SHE SAY MAKE SENSE? The medical file dated that very day, to which Angel attended with me states that I couldn't lay down, stand up, sit for long periods of time. It states I was in extreme pain and it also states that I couldn't lift more then 20 pounds. Angel weighed over 150 pounds and could have pushed me over anytime if this had ever happened. Between you and I, I couldn't even have a bowl movement without tearful extreme pain so even if a person wanted, sex wouldn't have been possible either.

7 Q And that was when he had you in the choke hold.

8 A Yes.

10 Q Okay. So you’re face to face but sitting down when he has you in -- has his hand

11 around your neck as you described.

12 A Yes.

14 Q Okay. And so does he stand up and lift you up? Sorry. Yes or no, Angel.

15 A Yes.

17 Q Can you describe how he picked you up, please?

18 A Just kind of made me stand up, and then he laid on my bed, and then as he -- he fell

19 onto my bed, he grabbed me, and he was saying he was sony. And at this point, he

20 wasn’t doing anything sexual.

22 Q Okay. So I’m trying to picture this in my head, Ms. Roberts. Did he pick you up in

23 order to lift you into a standing position?

24 A (NO AUDIBLE RESPONSE)

26 Q And once he had you in that standing position, did he then lift you up further, like

27 right off the ground?

28 A No.

30 Q No. Okay. So what -- would I -- if I can paraphrase you, I’m not -- I don’t want to put

31 words in your mouth, but I want to understand the picture that you’re describing to us,

32 Ms. Roberts. From the point at which he’s got you into the standing position, does he

33 basically have his arms around you and kind of fall onto the bed with you? Is that how

34 you guys get onto the bed?

35 A Yes.

37 Q I’m sorry. Yes or I guess?

38 A Yes.

40 Q Yes. Okay. So by the time the two of you are on the bed, are you both laying right on

41 the bed, absolutely on the bed, or is one of you half sitting up? Are you laying beside

1 each other on the bed?

2 A Yes.

4 Q Okay. Both bodies fully on the bed.

5 A Yes.

7 Q Okay. And that’s when he started making some sexual comments towards you; is that

8 correct?

9 A Yes.

11 Q And the next thing he does is force you to take off your T-shirt.

12 A Yes.

14 Q Okay. And he does that by simply telling you to do so; correct?

15 A Yes.

17 Q And then your -- he requested next that you take your bra off; is that right?

18 A Yes.

20 Q Okay. And that’s at the point where he, as you indicated, he touched your breasts; is

21 that correct, with his hand?

22 A Yes.

24 Q Okay. And he also used his mouth on your breast; is that right?

25 A Yes.

27 Q Okay. And that was just after your bra came off.

28 A Yes.

30 Q And you’d also mentioned that in forcing you or telling you to take your shirt and bra

31 off, that he had uttered some threats to you in order to get you to do that; correct?

32 A Yes.

34 Q Okay. And the next thing he did was tell you to take your pants off.

35 A Yes.

37 Q And at that point, you said, Forget it. I’m not doing it. Something to that effect; is that

38 right?

39 A Yes.

41 Q Okay. And you testiﬁed that he then ripped them off of you.

1 A Yes.

3 Q What kind of pants were you wearing that day, Ms. Roberts?

4 A I can’t remember.

6 Q Now, you described the way that he took your pants off as with force, using his hands,

7 that he took them all the way off. Did he have to unbutton any buckles or unzip any

8 zippers or anything like that?

9 A Yes.

10 Yet no fingerprints and the items seized were a pair of pyjamas pants she claimed she was wearing. Ever see pyjamas with a buckle, zipper and button? Here again they should have stopped this.

11 Q Okay. So what did he have to do in order to loosen your pants so that he could get

12 them off?

13 A I’m sorry. Can you repeat the question?

15 Q I asked you to describe to me what speciﬁcally he had to do in order to get your pants

16 off. You agreed that he had to do some unbuckling or unzipping, but I’m asking --

17 again, I’d just like to hear it from you, what exactly did he have to do?

18 A I don’t know. Ripped them off. Take them off with force. I don’t know.

19 again this should have raised alarm with someone

20 Q Okay. But he had to undo the button or unzip --

21 A Yes.

23 Q -- the zipper.

24 A Because I wasn’t willing to take off my own pants.

26 Q And do you remember him doing those things?

27 A Yes. Yes, I do.

29 Q Did he get your pants and underwear off all at once or one aﬂer the other?

30 A I can’t remember.

31 Previously you said yes

32 Q While this sequence of events is going on, Ms. Roberts, are you both still laying down

33 on the bed?

34 A Yes.

36 Q Okay. Does Mr. Harms change position at all or does he stay beside you for the entire

37 time that this thing is going on?

38 A No.

40 Q He stays beside you or does he move?

41 A He moves.
OKAY she has said a lot here is my medical file dated the same day I was arrested. I had herniated L5S1 disk and was in a full back harness.please readhttp://wheatkings.blogspot.ca/2014/01/medical-file.html

2 Q Okay. What -- how does he move? I guess what I’m asking is, does he get off the

3 bed? Does he lean overtop of you? Does he put his whole body overtop of yours?

4 A He was standing up when he was kind of kneeling when he was taking off my pants,

5 and then he was on top of me after my clothes were off.

7 Q Was he kneeling beside the bed or on the bed?

8 A Beside.

10 Q I’m sorry?

11 A Beside.

13 Q Beside. So while that’s going on, what I’ve -- what we’ve just gone over, up to this

14 point, Angel, can you please tell the Court what you were doing in terms of what --

15 what were your hands and arms doing?

16 A They were frozen. My whole body was frozen.

18 Q I’m sorry. I heard that they were frozen. Did you say something after that, Ms. --

19 Ms. Roberts?

20 A And my body just wasn’t like it was frozen, but I just couldn’t move. I was afraid of

21 moving --

23 Q Okay.

24 A -- after having my death -- after being threatened to die.

26 Q You testiﬁed that Mr. Harms’ shirt had come off, but I-- I didn’t hear when that

27 happened. Can you please tell the Court when during --

28 A I can’t remember.

30 Q -- this interaction -- I’m sorry?

31 A I can’t remember.

33 Q And so it’s as he’s kneeling beside the bed next to you that -- that he then uses his

34 hands on your lower regions, as you’ve put it; is that correct?

35 A Yes.

37 Q And that’s once you’re completed naked; is that right?

38 A Yes.

40 Q That was also after he had touched and used his mouth on your breasts; is that right?

41 A Yes.

1 Q You told the Court that you were trying to be loud in terms of your cries and -- and

2 protests because your window was open; is that right?

3 A Yes.

5 Q Okay. And which way -- I take it that’s your bedroom window you’re talking about.

6 A Yes.

8 Q Which way did that window face?

9 A It was facing towards the neighbour’s house.

11 Q Okay. Is it —- is your window then at the back of the house or the side of the house, of

12 your own house?

13 A At the back.

15 Q And Mr. Harms was still in your bedroom when your mother walked into the door of

16 the house; correct?

17 A No, he wasn’t.

19 Q He wasn‘t?

20 A No.

21You testified that I was!

22 Q So where was he when your mom walked into the house?

23 A He was in the kitchen.

25 Q Okay. So how long before your mother got home did he walk out of your room and

26 into the kitchen?

27 A Not long.

29 Q Again, so not long can mean many different things to many people.

30 A Yeah, just my mom had just enough time to greet -- to be greeted with Joseph’s face.

32 Q Okay. This assault on you stopped because your mother walked in the door; correct?

33 A Yes.

35 Q So it was because both you and Mr. Harms heard the door, that he left your bedroom;

36 correct?

37 A Yes.

39 Q And at that point, you testiﬁed that Mr. Harms stopped right away, got up, put his

40 shirt back on, and walked out to the living room; correct?

41 Please read this http://wheatkings.blogspot.ca/2014/01/eviedence-seizure-list.html This is the edvidence seizure list that she told police she was wearing and the shirt I had left behind. The blackouts still exist on this one as for names because I didn't know if I could publish. Beside the T-shirt it says "Joseph Harms"

1 A Correct.

2 see evidence seizure list. she said here look he left his shirt behind and it was categorised as mine "the accused t-shirt"

3 Q How long after your mom arrived home did she come into your room?

4 A I can’t remember.

6 Q And your mother came into your room, and Mr. Harms was also in the vicinity as

7 well, I take it. You said he had come to the door of your bedroom; is that right?

8 A I couldn’t hear the question.

10 Q When your mother ﬁrst came into your room after she arrived home, did Mr. Harms

11 come back into your bedroom?

12 A I can’t remember.

13 Not what you testified to in chief! Sooo many changes and yet they it didn't occur to anyone she was lying?

14 Q And shortly aﬂer that, when your mom left your room is when you made the call to

15 9-1-1; correct?

16 A Correct.

18 Q And you used your own cell phone to make that call.

19 A No.

21 Q Whose cell phone did you use?

22 A I didn’t use a cell phone.

24 Q Oh, your home phone then.

25 A Yes.

27 Q And I take it the ofﬁcers arrived fairly shortly after that, after you made that 9-1-1

28 call.

29 A They showed up right away.

31 Q Pardon me?

32 A They showed up right away.

34 Q Okay. And it was Constable Folk that ﬁrst came in; is that right?

35 A Yes.

37 Q And you know Constable Folk; correct?

38 A Yes.

40 Q That wasn’t the ﬁrst time that you had met him; correct?

41 A M-hm.

Where is tha 911 call???

2 Q That’s a yes?

3 A Yes.

5 Q So you had some comfort level in dealing with him as a police ofﬁcer.

6 A No, I didn’t really -- I didn’t really like him.

7 So why were you guys "friends "on face book?? Because that is ethical all day isn't it?

8 Q Okay. Fair enough. When he arrived, did you tell him at all about what had happened?

9 A Yes, I told him everything.

11 Q You told him everything. Okay. About how long do you think he -- sorry. Did he have

12 you write anything down at that point in time?

13 A No.

15 Q Okay. So he -- just you and he were chatting. Where were you? In your living room, I

16 take it.

17 A Yeah.

19 Q Okay.

20 A My mom was next to me.

21
I wonder why" constable folk testified that he attended the residence and then spoke with Angel for some time and THEN her mother came home and HE explained to her mother the accusations"

22 Q Okay.

23 A We weren’t really chatting. I was mainly crying and trying to answer questions.

25 Q Okay. And he was asking you what had happened.

26 A Yes.

28 Q All right. And at that -- by that point, Mr. Harms had gone downstairs to the

29 basement; correct?

30 A Yes.

32 Q Okay. And that’s where at least at that time there was a media room in the basement;

33 correct?

34 A Yes.

36 Q In the master bedroom where he -- where Mr. Harms would sleep was down there as

37 well; correct?

38 A Yes.

40 Q On that day, either before or after the RCMP arrived, you -- I imagine you also talked

41 to your mother about what had happened to you; correct?

1 A Yes, I did.

3 Q Okay. This is a difﬁcult incident for anybody to have to deal with, Ms. Roberts. I’m

4 wondering, have you ever talked to anybody else about this incident?

5 A Yes, brieﬂy on and off, but I just sort of stopped seeing that person and talking to

6 them.

77 Small town, you stopped seeing them because they questioned your truthfulness.

8 Q Was that a counsellor of some sort?

9 A Yes, it was.

11 Q Okay. Can you please give me the name of that counsellor?

12 A I can’t remember her name.

14 Q Okay. But it was a female.

15 A Yeah. My mom knows the name.

17 Q Okay. And what ofﬁce or place did you go to, to go and see this counsellor?

18 A What’s the question?

20 Q Where did you go to see this counsellor?

21 A At the health care centre in Athabasca.

23 Q About how many times did you go to see her to discuss this incident?

24 A I wasn’t allowed to in the beginning. I was only supposed to just talk about how my

25 day was going, and then only talked to her -- I only had one session with her, and I

26 stopped seeing her about talking about certain matters because I didn’t feel

27 comfortable.

29 Q Okay. So I guess I’m not quite clear about your answer, Ms. Roberts. At ﬁrst you

30 were only talking to the female counsellor about day to day issues.

31 A M-hm.

33 Q Okay. And was there ever a time when you and she discussed this incident?

34 A Yeah, that’s when I had asked Colin Folk if that would be okay, and he got -- gave

35 me some kind of approval, but I wasn’t allowed to go into details, and I didn’t.

36
Since when is a police officer allowed to be involved with the "victim" and interfere with counselling? ooh that would be the same officer on her face book page and found "less then credible "at the trial.

37 Q And did I hear you correctly that it was only one session with the counsellor that you

38 actually discussed this incident?

39 A Yes.

41 Q And then you stopped seeing her after that.

1 A Yeah.

3 Q Okay. Did you ever talk to any friends or family member

4 than your mother about this incident?

5 A No.

7 Q Did you ever try to tell anybody else about this incident?

8 A No.

10 Q The female counsellor that you were seeing, did you start seeing her because of this

11 incident or had you been seeing her prior to this incident happening?

12 A It was mainly because.

14 Q Okay. So you had never seen her before May of last year?

15 A No.

17 Q Sorry. That was a no?

18 A Yes.

20 Q Thinking of last May, so May of 2011, and before that, Ms. Roberts, had you ever

21 been arrested and/or charged with a criminal offence?

22 A No, I haven’t been. Oh, yes, I have been, but my mom paid it off.

24 Q Do you have a youth record as a result of that matter?

25 A Yeah, I got a ﬁne, and then my mom paid it off, so as of now I’m -- I don’t have any

26 charges against me.

28 Q Sorry. You said as of now you don’t have any charges against you?

29 A No, nothing.

31 Q Okay. Thinking of last May and before last May, Ms. Roberts, had you ever had a

32 drink of alcohol up to that point?

33 A I’m not going to lie. Yes, I have.

35 Q Okay. I think most of us have by the time we’re 16. It’s not something to be ashamed

36 of, Ms. Roberts. Is that something that you tﬁed with friends in Athabasca?

37 A Yes.

39 Q Okay. And is that in the context of being at parties with friends?

40 A Being at parties and being by myself drinking.

1 Q Had you experimented with any illegal drugs by that point?

2 A Yes, I have.

4 Q Which ones?

5 A Mainly weed.

7 Q What else?

8 A That’s about it. No, and shrooms.

10 Q Okay. So most people normally refer to things like weed and shrooms as -- as soft

11 drugs and things like meth or crack or those types of things as hard drugs.

12 A M-hm.

14 Q Do you know the difference?

15 A Yes, I do.

17 Q Have you ever tried any hard drugs?

18 A No.

20 Q About how oﬁen would you say you smoke marihuana?

21 A I don’t smoke it anymore. I almost had a seizure.

23 Q Did that seizure occur before or after May of last year?

24 A After.

25 Well on a few days earlier before the arrest we went to the school and complained because she was purchasing cocaine, meth at school. The school offered her drug counselling. I even went to the local M.P about it.

26 Q Ms. Roberts, you know what social media sites are; correct, on the internet?

27 A Yes.

29 Q Did you have a Facebook account in May of last year or before?

30 A Yes, I still do.

32 Q Okay. Did you have a Zeus dot com account at that time?

33 A No.

35 Q Okay. Did you ever have a Zeus dot com account before May of 2011?

36 A No.

38 Q Did you keep a diary of any kind, either written or online?

39 A No, I haven’t.

40 Well her mother and I found out that she had opened an account on a dating website. She was posing as a 21 year old that was searching for men 30 to 40 in the local area for a relationship. We found out she did this at school on the school library computer and while we were there dealing with the drug issue we dealt with this. The Principle suspended her access to the school computers without direct supervision.

41 Q Okay. Do you know a woman by the name of Bev Moore?
Bev MOORE, Angels God mother and Agels high school ,childhood best friend. The mother of Anthony Moore whom she falsely accused of rape. I took her to the RCMP. She later confessed to them it was consensual. I was on an oil rig and she did this under her nose. Even told me her mother knew Anthony had raped her, which was a lie as well but meant to put anger between her mother and I.

Bev Moore who was to testify that Angel had exposed herself to a retarded child Bev was watching, told a male stranger around the campfire what I allegedly had done to her. Again this breaking the court order "not to talk to anyone about this"

1 A Yes, I do.

3 Q Okay. She’s a friend of your mother’s; correct?

4 A Yes.

6 Q Okay. And you’ve known her for quite a long time.

7 A Yes.

9 Q And is she a woman that you would go and stay with to be babysat overnight, for

10 example?

11 A Yes.

13 Q Okay. And did you go and spend a signiﬁcant period of time with her last summer in

14 her home in Falher?

15 A Yes.

16 In Fact Just a month or less from the date of alleged incident.Her mother simply couldn't manager her anymore and sent her to Bev's for the summer. If Samantha thought this actually had happened , what mother would send their kid away? It also just so happens that this was around the time that her own mother approached my lawyer and wrote a statement that her daughter is a lier, has done so before. That I am innocent and wants to know why I am In jail, thus her odds with the crown.

17 Q What months were you staying with Ms. Moore last summer?

18 A I don’t see how this relates to what had happened to me, so I’m not going to answer

19 the question. Sorry.

21 Q I would like you to answer the question, and unless my friend objects or the judge

22 tells you, you doesn’t -- you don’t have to answer it, Ms. Roberts, I would like an

23 answer, please.

25 MR. MARCHANT: Well, I would actually. At this point, I’m going

26 to ask what’s the relevance?

28 THE COURT: Okay. I’m sorry. The exact question is?

30 MS. BOISVERT: I’m getting into a period of where she spent

31 some time last summer alter this incident took place, and it -- it -- I -- it’s hard for me to

32 go into a lot of detail, sir.

34 THE COURT: M-hm. It’s broad, and I’m taking your word

35 that it’s going to lead to something relevant. So if we could quickly get there, okay? Go

36 ahead.

38 MS. BOISVERT: Certainly.

40 THE COURT: Please, Miss. You have nothing to be fearful of.

41 You were at a friend’s place.
Yes she was at a friends house but also yes she has something to fear and that is the truth and its coming out.

2 Q MS. BOISVERT: What months did you stay at Ms. Moore’s

3 house last summer?

4 A July and August.

5 May 21st ,2011 I was arrested.

6 Q Why did you go stay there?

7 A Because my mother was getting sick and tired of seeing me drinking and doing bad

8 things, so she sent me there, and -- yeah.

10 Q How often were you drinking at that time?

11 A After what had happened to me, I don’t know. I guess I started consuming almost

12 every single type of alcohol I can ﬁnd.

14 Q How often would you try to -- would you be doing that?

15 A When I could. When friends would ask me if they wanted me to party with them, I

16 would say, Okay, ﬁne, yeah.

18 Q Once you got to Falher, did you ﬁnd -- find other friends to party with once you got

19 there?
She was drinking, doing drugs and ALL sorts of shit long before the day she accused myself. Remember, there is a confession at trial.

21 MR. MARCHANT: Sir, again, I’m going to object. The relevance of

22 this is really hard to fathom. We’re talking about July and August of last summer when

23 this incident occurred in May. So I renew the objection.

25 THE COURT: Ms. Boisvert, I appreciate the young lady

26 actually seems to be buttressing her credibility by indicating that she’s drinking, and she’s

27 drinking as often as she can. Is there more we need from that?

28 OH but there is more, and if you have a credibility problem with her why did it go to trial?

29 MS. BOISVERT: No, sir. I’ll move on.

31 Q MS. BOISVERT: Ms. Moore has a son by the name of Anthony;

32 correct?

33 A Yes, but he no longer lives there.

35 Q He lived there with her about ﬁve years ago; correct?

36 A Yeah. I don’t see how this relates to this matter. I’m sorry. It happened ﬁve years ago.

37 Five years ago. It’s in the past.

39 Q That’s --

40 A People move on from these kinds of things.

1 Q Correct, sir -- excuse me, or Ms. Roberts. That’s correct. However --

2 A I’m not a sir. Thank you --

4 Q -- I would like --

5 A -- for correcting yourself.

7 THE COURT: Miss, if I could just get you to listen to her

8 questions and then answer them unless, of course, the Crown counsel has an objection to

9 them.

10 3RD warning from the judge.

11 Q MS. BOISVERT: Do you recall that shortly after you got home

12 from staying over with Bev and her son that night that you made a complaint to

13 Mr. Harms and your mother?

15 MR. MARCHANT: Excuse me. That -- tha -- I don’t even

16 understand the question.

17 What is to understand that you already don't know dip shit? she falsely accused the boy and nearly ruined his life.

13 A I object.

19 MY ACCUSER OBJECTS!, isn't that a laugh.

20 THE COURT: Okay.

22 A And I refuse to answer that question actually. Sorry.

24 THE COURT: Okay. Can you put -- if it somehow relates to --

25 is this a complaint about Mr. Harms’ conduct?

27 MS. BOISVERT: No. No, sir.

29 A Can I take a break?

30 ANGEL now wants a break!. I remember the sheriffs saying in open court "this is so bullshit, they are letting her go talk to her mom again?" she jumps off the stand, walks right by me ,drop kicks both sets of courtroom doors and starts screaming "they are asking about Anthony, they are so fucking ,fucked" this was heard in the courtroom, outside the courtroom by my supporters. They also said she made obscene gestures with her hands when saying this. But if you think this is the only other false allegation we get out you would be wrong.

31 MS. BOISVERT: Perhaps if I -- if we can let the witness go out

32 of the room, I can explain it to you a little bit more fully, sir.

34 THE COURT: Sure. Why don’t you just take -- we’ll have a

35 five-minute break.

37 MS. BOISVERT: The problem that I face here, sir, is that while

38 an incident that I’m asking her about right now took place ﬁve years ago, it is my

39 submission that it will be directly relevant to her credibility at the end of the day in terms

40 of her willingness to fabricate allegations such as these, her propensity and showing a

41 track record of making false complaints, and they are things that I wish to put to her so

1 that, if necessary, I can make subsequent inquiries and applications if necessary to conﬁrm

2 or disfirm, if I can put it that way, what information I do have at this point in time.

4 Mr. Harms’ criminal record, which is older than ﬁve years, has certainly come back to

5 haunt him, and if he chooses to testify would be a factor in assessing his credibility. So in

6 my respectful submission, this young woman’s history of making false allegations where

7 she is more than willing to assert a complaint and then will recant when faced with

8 certain steps and procedures, that that may -- I think would be relevant at trial to her

9 credibility.

10 TRUE, I had a criminal record for fighting when I was younger and even a robbery charge. Fact is I went 20 years without committing any crimes!, got an education, grew up. Fact she has made 12 allegations about different people and I would now be the 13TH, each time she either recants or is found lying. On these grounds alone they should have thrown it out.

11 She -- this is the difference between a person who has never made a complaint like this

12 before and is therefore -- you know, she makes a quick complaint. That is often at trial an

13 indication, the Crown argues, of -- the recent complaint is an indication of credibility, and

14 at the end of the day it’s likely that I will be arguing that because of the history that she

15 has with making more than one complaint in the past prior to this incident, that she is

16 very well aware and the fact that she makes a complaint immediately is not necessarily

17 conclusive of her credibility.

19 THE COURT: Is this -- is there going to be an allegation of a

20 previous sexual complaint, like a sexual contact complaint, sexual assault complaint?

22 MR. MARCHANT: Yes, there is. That’s what -- that’s what I’m

23 looking at right now, and I think that that’s --

24Oh so The crown DOES know about it, what about all the others?

25 MS. BOISVERT: It’s -- it’s both --

27 MR. MARCHANT: -- barred.

28 This asshole wants it "barred" like all the others. Unfortunately he gets his way and this is how our court system works for a female.

29 MS. BOISVERT: It’s both. Whether it’s framed as a sexual

30 assault or not, sir, I don’t need to ask her or put it to that, and I -- I wouldn’t need to go

31 down that path at trial. It’s not a matter of a complaint of a sexual assault in nature. It’s

32 simply a matter of making a complaint to the ofﬁcers which is then deemed to be quite

33 false upon investigation.

35 THE COURT: So you’re going to -- you’re going -- you’re

36 proposing to put to her that she made a complaint to someone over some period of time

37 and that she » where does that go from there? Are you going to be suggesting she then

38 admitted it was false or that some other party found out, they didn’t believe it?

40 MS. BOISVERT: That essentially at the end of the day when she

41 was confronted and -- and, as I understand, interviewed at length by RCMP, that they --

1 that she ﬁnally said -- and being faced with a lie detector test, that she said, Okay, I’ll

2 take it all back now.

4 MR. MARCHANT: I’m opposed, sir. There is no -- from what my

5 friend is saying, there is no evidence to suggest necessarily that this was a false complaint

6 so much as it was a complaint that was made and then retracted. We see that all the time

7 in spousal situations where we know that it happened, but for various reasons the

8 complaint is retracted.

9 So this is our system at work

10 So doing this, that is, grilling a 16, 17-year-old on allegations that were made when she

11 was 12 and then apparently recanted isn’t the same thing, sir, as establishing that, for

12 example, she’s been charged and convicted of public mischief.

13 She should have been by the letter of the law

14 I really don’t see that this is relevant or necessary for preliminary inquiry, and frankly I

15 don’t think that it’s admissible evidence.

16 You don't huh?

17 THE COURT: I’m not sure if it is or not, but I’ll go ﬁnd

18 out. Go ahead.

20 MS. BOISVERT: I’ll just, sir, advise you that it’s -- it’s my

21 understanding that this is -- the one that I was just about to ask her is not the only

22 incident that -- you know. I mean, an --

24 THE COURT: So you want to --

26 MS. BOISVERT: Not necessarily a sexual assault, sir. That’s the

27 only one I’m aware of, but there are other incidents where she has made allegations of,

28 for example, simple assault, and at the end of the day, depending on what information I’m

29 able to conﬁrm through my own further investigations after the prelim, I mean this is the

30 time when defence counsel is -- is -- is supposed to be able to explore these things so that

31 we can ﬁgure out whether or not it is relevant and admissible for trial, sir.

32 No actually there were several false sexual assault claims as well as others. Court documented, police documented fact.

33 I appreciate and am well aware of the rules preventing any prior sexual history from a

34 complainant to come up, save very few exceptions, sir, but this is -- this is a situation

35 where this -- this girl potentially has -- has a history of crying wolf.

37 THE COURT: Okay. So before we go any further,

38 Ms. Boisvert, the one that you’re speciﬁcally referring to is an allegation of sexual -- of

39 sexual assault.

41 MS. BOISVERT: That particular one is.

2 THE COURT: Is. All right. And you’re saying, I don’t

3 particularly want to go down by that nature, but I do want to say, Hey, you once made a

4 complaint, and then we investigated it, and then you recanted.

5 By the way this particular "false complaint"wasn't 5 years prior, Angel said it was .When in truth it was only a year prior to accusing me and others after.

6 MS. BOISVERT: That’s correct.

8 THE COURT: And you also then think that there’s another

9 one where it’s common assault or you’re just saying you’re not sure.

11 MS. BOISVERT: At least one or two others where there’s

12 common assault. She may deny it, but I’d like the opportunity to put that to her so that --

13 excuse me -- I can hear her responses.

15 THE COURT: Give me ﬁve minutes.

17 MS. BOISVERT: Absolutely.

19 (ADJOURNMENT)

21 THE COURT: I’m thinking about the position, counsel. It

22 strikes me that the two -- there’s two issues here. The ﬁrst one is the questioning about

23 the previous sexual assault and then a recantation. I think it offends two rules. The ﬁrst is

24 I think it offends 276, and I don’t think you get to say, Well, I’m not going into the

25 sexual nature of the assault. I just want to deal with it. I think number -- that is

26 impermissible.

28 With respect to the previous assault, I think the defence is entitled to ask if a -- if a

29 complaint was made, and the difficulty I have with you then saying, Was it recanted, is

30 exactly the reason the Crown raises, is that charges may not proceed on many bases, and

31 recantations can have many bases, i.e. fear as opposed to falseness.

33 On the other hand -- so I don’t think that advances the credibility argument, again. So for

34 non-sexual matters -- sorry. For sexual matters, I believe it offends 276. For non-sexual

35 matters, I believe defence is entitled to ask about when a complaint was made and whom

36 it may have related to. I don’t think that the asking, Was that recanted, advances the

37 credibility position.

39 Defence may well be able to ask, And you lied about that, and of course you’ll be stuck

40 with the answer, Yes, I did, or, No, I didn’t. Then potentially make another application to

41 the Crown for further disclosure with respect to those incidents, and maybe they’ll say

1 yes, and maybe they’ll say no.

3 So I am -- it’s water in the wine, so I will ask you— or I will allow asking the

4 non-sexual assault, assault.

5 So they blocked us from bringing up all the rest if it had to do with falsely accusing people of sexual assault

6 MR. MARCHANT: Shall I get Angel?

8 THE COURT: If you so ---

10 MR. MARCHANT: Or do you have more questions for her?

12 MS. BOISVERT: Yeah, I do have a couple more, but it certainly

13 will shorten things up.

14 Shorten it up because we were blocked and she insulated by the system and they certainly knew this did not occur.Like I said I was even cleared by way of DNA which takes the human element out of it. PLease see DNA report http://wheatkings.blogspot.ca/2013/12/dna.html

15 (WITNESS RE-TAKES THE STAND)

17 THE COURT CLERK: Ms. Roberts, you acknowledge you’re still

18 under oath?

20 A Yes, I do.

21 At trial she admits to knowing what perjury is and confesses to perjury all these dates in court and in fact in front of the jury before her confession stating to the question 'and what have you lied about' she respond "oh about all kinds of things"

22 THE COURT: Good aﬁemoon again.

24 Ms. Boisvert.

26 MS. BOISVERT: Thank you.

28 Q MS. BOISVERT: Ms. Roberts, I’m not going to ask you anymore

29 questions about that incident that I started to ask you about ﬁve years ago, okay?

30 A Okay.

31 This is so bullshit and I was pissed at the way they catered to this lying lil shit.

32 Q Okay. I'm just going to ask you some yes or no questions, okay, about some other

33 matters. All right?

34 A Yes, okay.

36 Q Have you ever made a complaint to the police about -- other than this one, about

37 Mr. Harms assaulting you in any way, and I don’t mean sexually.

38 A Yes, I do.

40 Q Okay. You have?

41 A Yes.

2 Q Okay. Have you ever made a previous complaint about your mother assaulting you?

3 A It wasn’t an assault. I had called them because my mother was making assumptions

4 that I was high and drunk. Then when the two ofﬁcers came, they proved to her that I

5 wasn’t drunk. I was actually sober, and I wasn’t doing any drugs. They proved that to

6 my mom because they’ve dealt with me numerous occasions where I was high and

7 drunk.

8 Well that is good to know, didn't know that at the time. Glad to know police are aware that a child is "high and drunk" The point my lawyer was asking about was her mother. She lies here as does her mother coming up. It is a matter of court documented case that Angel accused her mother and Uncle of attempting to kill me! Both were arrested and charged, Angel was placed into CPS because I wasn't her real dad. The court case ended because I directly refuted and demand that it be dropped as it was false. Court house of Athabasca provincial court. Try denying it Mr Marchant!

9 Q Has your mother ever been charged with assaulting you?

11 MR. MARCHANT: I think that’s best asked of the next witness, sir.

13 MS. BOISVERT: Certainly.

15 Q MS. BOISVERT: Did you lay or make a complaint that resulted

16 in two other people being charged in February of 2011?

18 MR. MARCHANT: Again, sir, I don’t think she can answer that.

20 THE COURT: She might be able to.

22 MR. MARCHANT: She could indicate that she’s made complaints.

24 THE COURT: Complaints, sir.

26 MR. MARCHANT: She couldn’t indicat --

27 TELL YA WHAT BUD, WHY DON'T YOU JUST BLOCK EVERY FALSE ALLEGATION SHE HAS DONE, GIVE HER A SCRIPT TO READ FROM AND FRAME AN INNOCENT MAN!

28 THE COURT: Unless she knew.

30 MS. BOISVERT: I can -- I can be more speciﬁc, sir.

32 THE COURT: Sure.

34 Q MS. BOISVERT: Do you know a Ryan and Pauline Gambler?

35 A Yes, I do.

37 Q Okay. And who are they to you?

38 A Ex-mother and my ex-boyfriend, ex-mother-in-law and my boyfriend.

40 Q And your current boyfriend?

41 A No, ex.

Here is a conversation I had before my trial with one of those she falsely accused after me. At the time she didn't know that I was Angel's step father as I was ,had changed my account name to my middle name Aaron.http://wheatkings.blogspot.ca/2014/08/ffffffffffffffffff.html

2 Q Ex-boyfriend.

3 A Yes.

5 Q Okay. Did you ever make an allegation against the two of them?

6 A No, it wasn’t an allegation, but it was -— it was fairly true, and I even --

8 Q Sorry. Sometimes --

9 A I’m not going to go into that.

10 I guess she just controls the courts right?, decides everything.....And WTF is "it was fairly true"? Remember this is what she was up to (among other shit) while I languished in jail or 24 hour house arrest over 300 kilometres from my own home!

11 Q -- allegations --

12 A Sorry.

14 Q -- sometimes are tme, sometimes are not.

15 A Let’s go into something else. I’m sorry. My bad -- never mind.

16 This is the real her and she gets nuttier then that.

17 Q Were charges laid against these two individuals --

18 A Yes.

20 Q -- as a result of the complaint you made?

21 A Yes. At the time, I was -- I -- I did get fairly beaten around, but I went back to it. My

22 own fault, but I’m not with him anymore.
So even though she wrote a letter recanting for both Ryan and Pauline, doesn't show for their preliminary enquiry, she re accuses them at my preliminary hearing under oath!

24 Q Okay. And is that because he’s currently in custody right now?

25 A No, it was before that.

27 Q You broke up before that happened.

28 A Yes.

29 Actually I found out her mother let this 29 year old piece of shit move in with her 16 year old daughter, take over my master bedroom and entertainment room as their living quarters. They broke up because the pervert stole a car and went to jail!

30 Q Okay. The last thing that I want to ask you about, Ms. Roberts, is what happened on

31 January 7th of this year?

32 A I’m conﬁxsed.

34 Q We were all in St. Albert anxiously awaiting your arrival.

35 A Oh.

37 Q What happened to you?
This is about why she didn't show up in St Albert for my preliminary enquiry continuation!

38 A I -- I was with a friend. He -- she picked me up, and we went to Peavine, and we

39 spent the whole night there, and we partied, and I was trying to get here as fast as I

40 could, but the driver was fairly tired and hung over, and I didn’t make it to Athabasca.

41 She was 16 then! was it a he or a she? And he is too hung over ( so basically drunk driving) to drive

1 Q Did you call anybody to tell them you weren’t going to make it?

2 A He didn’t have his phone with him.

3 Again, HE or SHE? and even the crown in his examination in chief said she called and said "she wouldn't be able to attend because of a prior appointment! thus lying to the judge, making excuse for her absence, delaying my right to a speedy trial, dragging it out for years!

4 Q Who is he? Who did you call?

5 A He was a friend I was with. I can’t remember his name. I was drunk.

7 Q So you called a friend to tell him you wouldn’t be in court in St. Albert.

8 A No, I couldn’t call anybody. Like I couldn’t call my mom, nobody, because he didn’t

9 have his cell phone, and l was desperately trying to call my mother.

11 Q Okay. But you said you were with a female friend.

12 A And --

14 Q Who was that?

15 A That was his girlfriend.

17 Q Okay. And you were with other people partying.

18 A Yes, there was ten of us.

20 Q Okay. And nobody had a cell phone.

21 A Nobody didn’t.

22 BULLSHIT

23 Q And these are all people of your age group.

24 A Not of my age group.

26 Q How old were they?

27 A They were in their 20s and the youngest one there was 19.

29 Q And none of those people had a cell phone with them.

30 A No.

32 Q Okay. Where were you in Peavine?

33 A At a lake.

35 Q Okay.

36 A And we were all there at a campﬁre, and we started drinking, and . . .

37 AND SHE WAS 16

38 Q So you didn’t make any attempts to call anybody to tell them that you wouldn‘t be

39 there the next morning.

40 A Yeah.

41 YEAH WHAT?

1 MS. BOISVERT: Okay. All right. Those are all the questions that

2 I have for this witness, sir.

4 THE COURT: Thank you. Anything arising?

6 MR. MARCHANT: No, sir.

7 NOTHING HUH?, MORON

8 THE COURT: Thank you, Miss. You can leave.

10 MR. MARCHANT: Your mom is going to be testifying, so if you

11 can just wait in the lobby.

13 A Yeah, I know.

15 MR. MARCHANT: Thank you.

17 A Yeah.

19 (WITNESS STANDS DOWN)

21 SAMANTHA ELLEN ROBERTS, Sworn, Cross-examined by Ms. Bolsvert

22 HOW ON EARTH COULD SHE EVER BE" CROSS EXAMINED" WHEN SHE WAS NEVER EXAMINED BY THE CROWN?

23 THE COURT: Good aﬂernoon, Miss.

25 A Hi.

27 MR. MARCHANT: And, sir, as indicated earlier, I’m producing this

28 witness for cross-examination.
SHE WAS NEVER EXAMINED BY YOU OR ANY OTHER CROWN, SO HOW IS IT CROSS EXAMINATION?

30 THE COURT: Thank you. Ms. Roberts, please answer

31 Ms. Boisvert's questions.

33 Q MS. BOISVERT: Good morning, Ms. Roberts. I understand that

34 you were living at -- in Athabasca at 4816 - 50 -- 53rd Street, excuse me, when this

35 incident took place last May; is that correct?

36 A Yeah. Just one moment. Can that screen be down, please? I don’t need it up. I

37 requested it.

39 Q You’d like to be able to see Mr. Harms?

40 A Yeah, that’s ﬁne. Needs to be ﬂipped down.

41NOW one would imagine that if she thought I did this to her daughter she wouldn't want to see me, or say something bad to me but NOPE! and this wasn't any indicator to anyone?

1 MS. BOISVERT: You can just ﬂip it down.

3 THE COURT: Sure.

5 MR. MARCHANT: Yeah.

6 HE"S NOT HAPPY

7 THE COURT: Sure.

9 A Doesn’t bother me.

11 MR. MARCHANT: Thank you, Ms. Boisvert.

13 MS. BOISVERT: If it starts to bother you, well, just let us know,

14 Ms. Roberts.

16 A Sure.

18 Q MS. BOISVERT: All right. Sorry. Going back to where I was,

19 Ms. Roberts, at the home that you were living at on 50 -- 53rd Street in Athabasca, as

20 of May of last year, how long had you been living there?

21 A May of last year till now or before that?

23 Q No, no, no. Before May of last year. Sorry.

24 A Let’s see.

26 Q Perhaps I can go at it from a different way --

27 A Yeah.

29 Q -- that might help jog your memory, Ms. Roberts.

30 A M-hm.

32 Q At that time, how long had you been dating and living with Mr. Harms?

33 A Seven years.

35 Q Okay. Had the two of you and your child, Ms. -- Ms. Angel Roberts, all been living in

36 that same house for that whole time?

37 A Yes.

38 NO!

39 Q And so Mr. Harms had been helping you to raise Angel; is that correct?

40 A M-hm. Yes.

1 Q So he came in -- when he came into the picture, she would have been what? Eight or

2 nine years old?

3 A Nine, I think it was.

5 Q Nine.

6 A Yeah.

8 Q Would you agree with me that in the home that Mr. Harms was more of the

9 disciplinarian than you were?

10 A Yeah.

12 Q So he would take the time to address behavioural issues if any arose with -- with

13 Angel.

14 A Yes.

16 Q And Angel advised us that she was having some school difficulties. Were you

17 involved in those in terms of dealing with the principal or other school staff?

18 A Not all the time, no.

20 Q Was Mr. Harms primarily the person that would deal with that or was that --

21 A Yes.

23 Q So there would be times when he would go and discuss matters with her principal that

24 you wouldn’t be there for.

25 A There may have been occasion or two, yeah, probably, yeah.

27 Q But you would normally go, the two of you together, or how would that go?

28 A Not every time. At times I went.

30 Q Okay. Was there ever a time in Angel’s —- from the time that she was perhaps 11 or

31 12 years old or onwards when she made a complaint that resulted in you being

32 charged with a criminal offence?

33 A With me being charged?

35 Q M-hm.

36 A No, I don’t -- like 10 or 11 where I got charged?

38 Q No, no, no, no, no. Sorry.

39 A Oh.

41 Q I’m just thinking from the time that Angel became a teenager, so I don’t want to go

1 too far back, okay — since she became a teenager --

2 A M-hm.

4 Q -- so around when she was 11 or 12, somewhere in there, has she ever made a

5 complaint to police about you that resulted in the police coming and laying a charge

6 against you?

7 A No.

8 FALSE, THERE ARE COURT RECORDS

9 Q Okay. Did she ever make a complaint about — sorry. I take that back. Back when this

10 incident happened, Ms. Roberts, in May of last year, I understand that you were at

11 work at Home Hardware that day; is that correct?

12 A That’s right.

14 Q And when you arrived home, what was the ﬁrst thing that you saw when you walked

15 in the door?

16 A The ﬁrst thing I saw, Joseph.

18 Q Where was he?

19 A Standing in the doorway of the kitchen.

21 Q And what do you mean by that, kitchen? Is there only one doorway in the kitchen?

22 A M-hm.

24 Q Okay.

25 A To go into the living room.

27 Q Going into the living room.

28 A Yeah. M-hm. It has no door. It’s just like an opening. There’s not a door on it.

30 Q And are you coming into the home through the kitchen?

31 A Yeah.

33 Q And you —- if you recall, you provided a statement to the police shortly after this

34 incident took place. Do you remember that?

35 A Yeah.

37 Q Okay. And in that statement, you - you were asked how Mr. Harms was dressed, and

38 you responded that when you saw him, he was wearing his shorts and his out shirt. Do

39 you remember giving that answer?

40 A Yeah.

1 Q Okay. And by out shirt, you mean like a T-shirt or a tank top?

2 A I think it was a T-shirt.

4 Q A T-shirt. Okay. Did Angel express a desire one way or the other that day, on May

5 21st, with respect to getting tested at the hospital for any forensic evidence?

6 A Did she say she wanted to?

8 Q Did she express a desire one way or the other to you?

9 A Yeah. Yeah.

11 Q Okay. What did she say about that?

12 A She said to take DNA.

13 In your statement you said she told you "don't let them take DNA", please see her statement on this blog.

14 Q That they wanted -- she wanted them to take DNA?

15 A Yeah. And the officer was there at the time, and then that’s when he called it in.

17 Q Okay.

18 A Yeah.

20 Q And she’s talking about DNA off of her own body?

21 A Yes.

23 Q And did she, in fact, go to a hospital or clinic to provide that?

24 A Yes.

25 So we know the DNA was done, shouldn't the results be read?

26 Q Angel indicated that the ﬁghting between her and Mr. Harms was mostly about school

27 difﬁculties, skipping school, that sort of thing. In your opinion, about how long had

28 Angel been causing problems for you as a parent in terms of her difﬁculties in school

29 and skipping school prior to May of 2011?

30 A A couple years.

32 Q Had you been simply dealing with it on your own up to that point within the family or

33 had there been any outside assistance up to that point?

34 A Yeah, we tried Family Services, parental courses. I tried to get her into mental health,

35 CASA House through her school.

37 Q I’m sorry. I don’t know what CASA House is, Ms. Roberts. What is that?

38 A It is a place in Edmonton to where she would have went for two weeks to -- I think at

39 that time it was going to be used for like maybe a proper diagnosis for her.

41 Q With respect to her mental health issues?

1 A M-hm.

3 Q Prior to May of 2011, was she prescribed any medication that would be -- that she was

4 taking regularly?

5 A Before 2011?

7 Q Before May of 2011.

8 A Yes.

10 Q What was she taking?

11 A Risperidone and dexedrine.

12 ONE OF THEM IS AN ANTI CRAZY MEDICATION

13 Q And about how long had she been taking those?

14 A Three years.

16 Q In dealing with the difﬁculties that you were having with Ms. Robert -- with your

17 daughter during those few years before May of 2011, were the -- were the RCMP in

18 Athabasca ever involved?

19 A With her?

21 Q With her or with your family.

22 A Yeah.

24 Q And I take it mat they were trying to assist you and your family to get some help for

25 her.

26 A Yes.

28 Q Trying to get her back on the straight and narrow.

29 A M-hm. Yes.

31 Q And I understand that -- correct me if I’m wrong, but Constable Folk is part of that

32 group of people trying to help you and your family.

33 A Now or then?

35 Q Then and now.

36 A Yes.

38 Q Okay. And has -- how -- sorry. Has Constable Folk met with you and -- and your

39 daughter since May of 2011 to discuss this case?

40 A I don’t think so.

41 NOT according to Angel's testimony. He told her not to discuss the case with the shrink. Also why was he friends with her on Face book?

1 Q So he -- Constable Folk hasn’t been at your home at all in the last year and a half.

2 A Oh, yeah, he has.

4 Q But not speciﬁcally with respect to this case.

5 A No.

7 Q What are some of the major concerns that you’ve had with respect to your daughter in

8 terms of her difﬁculties?

10 MR. MARCHANT: Sir, I’m going to object to that. It’s very broad.

11 It’s very general. It’s very vague, and I don’t see how it’s relevant.

12 HOW is it relevant? she is her mother asshole, gave birth to her and raised her, who better then to know their daughter? You just don't want what is about to come out.

13 THE COURT: Narrow it in on the issue that you really want.

15 MS. BOISVERT: Certainly, sir.

17 Q MS. BOISVERT: In dealing with Angel and -- and the difﬁculties

18 you’ve had with her, would you agree with me that her lying has been an issue for

19 you and difﬁculty for you?

20 A Well, she’s lied, yes.

22 Q Okay. And would you consider the lies signiﬁcant lies or little minor lies? And in that

23 sense, what I mean is that I think we all know that every teenager will tell a ﬁb or a

24 white lie to cover their butt or make an excuse why they weren’t home on time,

25 something like that, but was -- was Ms. -- did Ms. Roberts -- what I’m asking is did

26 Ms. Roberts have a habit of lying that was causing you and anybody else that was

27 helping, trying to help her, any concern?

28 A Yes.

30 MS. BOISVERT: Okay. Thank you. I don’t have any more

31 questions for you, Ms. Roberts. Thanks very much for attending and having to wait so

32 long today.

34 THE COURT: All right. Thank you, Miss.

36 MR. MARCHANT: Yes, I’d also like to express my appreciation for

37 your patience. It’s really been appreciated. Thank you.

39 A Okay.

41 MR. MARCHANT: You’re free to go now. Thanks.
WAIT! When did you become the judge? tell people they could leave? I have to say, does anyone hear a single bad word from her mother towards me? If she thought I did this don't you think she would have said something, anything?

2 (WITNESS STANDS DOWN)

4 MR. MARCHANT: It’s the Crown case on the preliminary inquiry,

5 sir.

7 MS. BOISVERT: No defence -- no - no evidence for the

8 defence, sir.

10 THE COURT: All right. Sir, would you please stand?

12 Does your client wish to make a statement, Ms. Boisvert?

14 MS. BOISVERT: No.

15 YOU FUCKING RIGHT I DID!, I WAS IN A HOUSE OF NUT CASES FOR STARTERS

16 THE COURT: Thank you. Sir, I find that there’s sufﬁcient

17 evidence -- sorry. Is there any argument with respect to committal?

19 MS. BOISVERT: No, sir.
USELESS, what do you mean NO!?

21 Order to Stand Trial

23 THE COURT: Thank you. Sir, you stand -- I ﬁnd there is

24 sufﬁcient evidence which -- for you to stand trial in a court of competent jurisdiction.

26 —————————

27 PROCEEDINGS CONCLUDED

100

1 Certiﬁcate of Record

3 I, Danielle Busch, certify that this recording is the record made of the evidence in the

4 proceedings in Provincial Court, held in courtroom number 1 at Athabasca Provincial

5 Court being heard in Boyle Provincial Court, on December 3rd, 2012, and I was the court

6 court ofﬁcial in charge of the sound-recording machine during the morning proceedings.

101

1 Certiﬁcate of Transcript

3 I, Vel Pasechnik, certify that

5 (a) l transcribed the record, which was recorded by a sound-recording machine, to the best

6 of my skill and ability and the foregoing pages are a complete and accurate transcript of

7 the contents of the record, and

9 (b) the Certiﬁcate of Record for these proceedings was included orally on the record and

10 is transcribed in this transcript.

13 Digitally Certiﬁed: 2012-12-27 12:13:14

14 Velma Pasechnik, Transcriber

15 Order No. 12062-12-1

35 Pages: 43

36 Lines: 1787

37 Characters: 44741

39 File Locator: a9d1fc604fda11e2b2830017a4770810

40 Digital Fingerprint: 3707c0101c4043fb6ea4651117b99e5fe852601b8987b69cdcf4d1e7d69d564a
In the end the RCMP destroyed ALL what they said was evidence before the trial. Why would they do that unless it exonerated me.She claims I choked her, ground my fist into her head, yet there wasn't a single bruise on her even worth of a photograph. The DNA ALL cleared me. There wasn't even a single photograph of the alleged crime scene. There was no pubic hair ( as in other cases they claimed to of had thus preventing my bail).There was not one single bruise on her or any fingerprints, zero, nothing. There was no single piece of evidence other then her word. The RCMP claim they interviewed myself, yet there isn't a single video tape!. In what is called a 'voir dire 'hearing the day before trial was set to begin ALL 4 officer either directly or indirectly involved were found "NOT CREDIBLE". To view the "acquittal papers click here . http://wheatkings.blogspot.ca/2013/11/so-i-had-my-long-awaited-day-in-court.html And to see the articles AVFM wrote click http://wheatkings.blogspot.ca/2014/06/telling-story.html and finally the full preliminary inquiry and trial transcripts as well as the voir dire hearing click here http://wheatkings.blogspot.ca/2015/04/the-preliminary-inquiry-and-subsequent.html

http://wheatkings.blogspot.ca/2015/08/an-acquittal-from-false-allegation.html
I was devastated right through my core and a piece of me died that day. All I could think of was "HOW"?. The court room sheriffs had closed the door. I banged on it to ask them if I had to sign out. Their reply to me was "you have been through enough today, screw procedure and go home safely"
I tried to walk out the front doors. Angel was yelling at the crown " thanks for wasting my fucking time", he was consoling her saying " just keep it up, stick to your story , we have their sympathy and we will win this one" I started to look for my new wife who was my girlfriend at the time when the crown put his hands on my chest and said" oh no you don't you son of a bitch" my lawyer stepped in and said "don't touch my client and tell yours to get the hell out because he is walking out the front door"
If my lawyer had not of stepped in I would have broke that assholes nose, putting his hands on me, saying what he did. Looking back I should have charged him with assault.
We drove home just in time for my curfew. That same week we (my wife and I) started to get strange text messages, threats, etc, phone calls that I was being followed. Someone threatened to physically harm my wife. I made police complaint but they could give a shit.
One night I went home to my court appointed residence, took so many pills my roommates called an ambulance as I was unconscious. I awoke on December 21 ,2012 in the hospital, tubes and cords all over me. I ripped it all off and demanded my clothing. The nurse said I had" expired" 3 times that night, I still wasn't out of Danger. Fuck it I left anyways but later sought out some counselling for 30 days. It would be another 10 months until my trial. The first day she confessed shortly after lunch. The trial transcripts are posted.
This is how the system works, men are fodder, gender bias rules on the side of a female and they cover any transgression they do if its between a man and woman.
Tortured.

Tortured by Canadian government

Thursday, 23 July 2015

The cross examination of a false accuser, yet they feel it deserved a trial. (blog 126)

Total Pageviews

Translate