New “Hate” Charge Files Against Topham: Defence Denied Statement of Particulars
Here’s the executive summary of this update in Arthur Topham and his Radicalpress.com’s battle against charges under Canada’s notorious thought control “hate law” (Sec. 319 of the Criminal Code.)
1. Mr. Topham, a layman with no background in law, has been denied legal aid in a Rowbotham Application. He must handle his defence in his preliminary hearing alone.
2. Just before the preliminary hearing was to start, January 22, he was charged with a third count of “hate”:
I, “Roy Arthur Topham, between the 29th of January, 2013 and the 11th day of December, 2013, inclusive, at or near Quesnel, in the Province of British Columbia, did by communicating statements, other than in private conversation, willfully promoting hatred against an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.” Notice: There are no specifics as to which statements are deemed to have promoted hatred against this privileged group. It’s hard to organize a response or defence in a background. This is prosecution by ambush.
3. The Court refused to compel the Crown to produce Mr. Topham’s tormenters, complainants Richard Warman and B’nai Brith operative Harry Abrams or the two “hate squad” investigating officers (Terry Wilson and Normandie Levas.)
4. The Court turned down Mr. Topham’s application for particulars on the two original counts: specifically, which posts were deemed to promote hatred against Jews.
5. Finally, with the full might of the State arrayed against an impoverished, unrepresented victim, wave the bully fist of further restrictions on him: Crown Counsel Johnson announced, writes Mr Topham, that ” after the upcoming Preliminary Inquiry an application would then be made to the court in order that Crown might attempt to impose new restrictions on me to prevent me from publishing any more truthful articles and opinions on RadicalPress.com.”|
CANADIAN ASSOCIATION FOR FREE EXPRESSION
Regina v The Radical Press: LEGAL UPDATE #16 January 16th, 2014
Regina v The Radical Press: LEGAL UPDATE #16January 16th, 2014
Dear Free Speech Advocates and Radical Press Supporters,
My last update of November 20th, 2013 focused mainly on the Rowbotham application that I had applied for in order to have Regina pay for a lawyer to defend me against her spurious sec. 319(2) “hate crime” charge that resulted in my arrest and incarceration back on May 16th, 2012. That application was refused by Judge Morgan after a hearing held in the Quesnel court house on November 18th.
Since that date I’ve been back in court a few more times on related matters the most recent being Tuesday, January 14th.
During the November 18th, 2013 Rowbotham hearing Judge Morgan brought up the matter of the particularization of the disclosure (the massive amount of purported “evidence” which the Crown intends to rely upon to justify their having charged and arrested me and stole all of my computers and firearms back in May of 2012). I had made an application to the court back on April 10th of 2013 asking for further particulars and that the Crown to be more specific as to just what articles, posts, etc. were the ones on the website which Regina felt were willfully promoting hatred against “people of the Jewish religion or ethnic group.” After the Rowbotham application was refused I refiled the original April 10th, 2013 application asking the Judge to order Crown to further particularize the case.
That hearing took place on December 16th, 2013. Judge Morgan reserved his decision until I appeared again January 3rd, 2014 on another related matter. It was then that he handed down his Judgment in which he dismissed my application on the grounds that I was “seeking” “particulars relating to the Crown’s theory.” In the Judge’s estimation, “An order – as set out in his application – for the Crown to particularize the date and time and the exact statement or statements by which the alleged hatred was promoted would have the effect of limiting the Crown’s theory of the case; something that Krindle J. in Pangman (above) at paragraph 3, found there was no authority for and would amount to an extension of the existing law.” It all sounds good in “theory” doesn’t it?
Following the November 18th, 2013 Rowbotham hearing I contacted Crown Counsel Johnston regarding the matter of witnesses that the Crown was planning to call for the Preliminary Inquiry set for January 22nd, 2014. Counsel informed me that she would only be calling one witness, Barry Salt, a forensic computer technician. More taxpayer money to be spent bringing someone up to Quesnel in order to “prove” that I was the Publisher and Editor of RadicalPress.com a fact which I have never denied.
On December 2nd, 2013 I wrote another letter to CC Johnston regarding the matter of witnesses (or lack thereof) and that Crown was not planning to call either of the complainants (Richard Warman and Harry Abrams) nor the investigating officers (Terry Wilson and Normandie Levas). In that letter I wrote:
As I’m sure you are well aware the preliminary inquiry is an important opportunity for me to cross-examine witnesses and gather relevant evidence for pre-trial Charter applications in Supreme Court. Much of the necessary evidence for the Charter applications will be put on the record at that time and therefore I feel it behooves the Crown, in the interest of justice, to call those persons specified above for cross-examination by myself, or, in the event I am able to procure counsel in advance of the January 22nd date, my legal representative.
I never heard back from CC Johnston on this matter and so I filed another application on December 30th, 2013 stating the reasons as:
“The complainants (Richard Warman and Harry Abrams) and the police investigators (Terry Wilson and Normandie Levas) are relevant and necessary witnesses for the purpose of the preliminary inquiry. The Crown is refusing to to call these witnesses. I respectfully request that the Crown be compelled to produce these witnesses.”
As a result a hearing date was set for January 3rd, 2014. During the hearing Crown argued that they didn’t have to produce any witnesses that they chose not to and downplayed the whole notion of the importance of the Preliminary Hearing process. I was given a fourteen page document indexed as: United States of America v. Shephard  2 S.C.R. 1067. This document, according to both Judge Morgan and Crown Counsel Johnston, clearing showed that the threshold to be met in order to justify ordering a trial to be held was so low as to be practically impossible to refute.
Prior to the January 3rd date the Judge had set another date of January 7th, 2014 for what is called a “focus hearing” which, translated into English, means a time to go over the ins and outs of what would be transpiring during the upcoming Preliminary Hearing on Jan. 22nd. He then decided to deal with that matter too on the 3rd and skip the Jan. 7th date. It was during this hearing that Judge Morgan addressed the issue of the thousands of emails which were still on my stolen computers and had not been returned to me. I told the judge that they were relevant to my defence and that they should be returned as part of the disclosure package which had already been returned some months ago. The judge concurred with my argument and after some discussion with Crown directed CC Johnston to contact Det. Cst. Wilson and have him return all of my email correspondence to me. He gave the Crown until January 14th to prepare a response to his recommendation and it was on that date that I was to return to court to find out the results. When I appeared on January 14th I learned that the emails had been downloaded to a file that was supposedly being sent up to the Crown’s office and that I would be notified as soon as it arrived. Judge Morgan told me to contact Crown Counsel’s office if I didn’t hear anything after a couple of days.
It was also on Jan. 14th that I first learned that Crown was also calling Det. Cst. Terry Wilson of the BC Hate Crime Unit to appear at the Preliminary Inquiry. Then, to top things off, came the sudden announcement by Crown Counsel Johnston that the Crown had filed a third count against me! It was a repeat of the original May 16th, 2012 sec. 319(2) CCC charge. This new indictment, known as “Count 3”, had received the consent of the Attorney General of British Columbia on the 31st of December, 2013 and was signed by Peter A. Juk, QC Acting Assistant Deputy Attorney General. The reasons stated were that I, “Roy Arthur Topham, between the 29th of January, 2013 and the 11th day of December, 2013, inclusive, at or near Quesnel, in the Province of British Columbia, did by communicating statements, other than in private conversation, willfully promoting hatred against an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.”
Having made this announcement to Judge Morgan and myself CC Johnston then added that nothing more would be forthcoming as a result of it until after the upcoming Preliminary Inquiry when an application would then be made to the court in order that Crown might attempt to impose new restrictions on me to prevent me from publishing any more truthful articles and opinions on RadicalPress.com.
One further thing needs to be added to this update prior to closing off. This morning, January 16th, 2014 I sent a letter to Crown Counsel Johnston informing her that I had subpoenaed two witnesses to appear in my defence for the Preliminary Inquiry slated for January 22nd, 2013. In that letter I wrote:
“Please take notice that I have subpoenaed and will be calling two witnesses for the Preliminary Inquiry to be held on January 22nd, 2014.
Mr. Frank Frost will be appearing to testify on the urgency to maintain an alternative news media here in British Columbia in order to ensure that criminal activities on the part of the RCMP, the Judiciary and the Attorney General’s office (Crown) are exposed to the general public. Mr. Frost is a strong, knowledgeable advocate and expert witness in the areas of children and family advocacy and pedophilia within B.C.’s judiciary.
Mr. Lonny Landrud will also be appearing to testify on the importance of maintaining an alternative new media. Mr. Landrud is an expert, knowledgeable witness in the area of judicial misfeasance as it pertains to his own case. Mr. Landrud was witness to a murder of a young woman in Quesnel by RCMP officers and subsequent to reporting this heinous crime to the RCMP has been the subject of numerous attempts on his life by the RCMP. In one instance Mr. Landrud was forced to shoot, in self-defence, an RCMP officer who was attempting to murder him in his home. Since the advent of these events Mr. Landrud has been unable to have his case investigated at any level of government after years of sincere effort and the mainstream news media has refused to investigate or cover his plight. Mr. Landrud will be speaking to the court on the pressing need for an alternative news media that will and does cover his untold story.”
The next few days will be spent preparing for the Preliminary Inquiry. I will send out another update sometime after the 22nd and let readers know what transpired on that day.
For Peace, Freedom of Speech and Justice for All,
To cafe (firstname.lastname@example.org)
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