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Opening Statement at today's trial |
Opening Statement - September 10., 2008
First I like the honorable court to know that I respect profoundly the
right to defend myself. I understand that it might make procedures more
complicated. However if legal proceedings would depend entirely on the
ability to pay legal counsel, justice would only exist for those who
have the resources.
Therefore the possibility to defend oneself shows, that truth and not artfully applied legal procedures will prevail in order to find a just ruling in this court of law.
May I ask the honorable court to confirm, if in fact first principles and legal maxims do apply in this court?
Let me start with one legal maxim which states
Qui accusat integrae famae sit et non criminosus
Let the one who accuses be of honest reputation and not implicated in a crime
The defense will show the honorable court that the actions of the York regional Health Unit in respect to the proceedings leading up to the contempt of court motion appear to be misleading and done under wrong pretense. The defense will show that the apparent inaction of the York Regional Health Unit after issuing an order based on a health hazard is questioning the credibility of the applicant and will lead to the deterioration of trust in public health officials.
The defense will show that the court order of Justice Ferguson appears to be obtained under false pretense and even could be construed as bordering on perjury.
The defense therefore claims that the motion for contempt appears not to been done in good faith but based on a strategy to intimidate and to bleed the defendant with additional legal actions and therefore obstruct due process in the related proceedings with the MNR which are scheduled for trial in January 2009.
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