Friday, November 23, 2012

Latest On The Arthur Topham Case


Dear Reader,

In my last update I erroneously informed people that my next appearance scheduled for Tuesday, November 20th, 2012 would be an actual court appearance. In fact, as it turned out, it wasn’t.

Instead I went to the Judicial Case Manager’s office next to the court room and there met with a Justice of the Peace who, upon my arrival, proceeded to telephone my lawyer Doug Christie in Victoria, B.C. in order to discuss setting up some dates in the future when a Preliminary hearing would occur.

In my previous appearance on November 11, 2012 Doug Christie advised Judge Morgan that it would likely take at least one week in order for him to question those who had produced the information to obtain a search warrant which resulted in the seizure of all my computers and my firearms. The people responsible for this are Detective Constable Terry Wilson and his partner Constable Normandie Levas of the BC Hate Crime Team located in Surrey, B.C. Doug is of course contesting this document as he has already stated to the court that it is illegal under the Criminal Code for the RCMP to gain a search warrant for such purposes in the case of a Section 319(2) CC charge.

As discussions began it quickly became apparent to the Justice that the file on this case which she had was not fully complete and that missing documents were preventing the Justice from being able to get a clear picture of precisely what was happening and what was expected in terms of times required.

As a result the Justice was forced to adjourn the setting of dates for another week (to November 27, 2012) by which time she hoped to be able to discuss the situation with Judge Morgan and then provide direction to both Crown and Defence as to what was required in terms of documentation prior to going ahead with setting any dates for the upcoming proceedings.

One point of interest though was the fact that the Justice indicated that because of the length of time required by defence to challenge the validity of the search warrant that it would not be possible for it to take place until at least July of 2013.

The additional issue of Crown Council wishing to impose the original gag order on me regarding bail conditions also wasn’t addressed nor times set because of missing documentation which the Justice required. There will likely be more on this after the November 27th meeting.

That’s all folks! (for now)

Arthur Topham
Pub/Ed
RadicalPress.com 



Please consider helping me in this battle if you can by sending a financial donation my way either by PayPal ( see my PayPal button on my blog http://www.quesnelcariboosentinel.com ) or else by snail mail to:

Arthur Topham
4633 Barkerville Highway
Quesnel, B.C. V2J 6T8
Canada

The outcome of this case will have repercussions that go far beyond just my own situation with respect to our collective right to Freedom of  Speech on the Internet.


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