To The Real King!!
May 9th, 2000, 05:02 AM
Author Topic:« After 18 months.. I start my trial tommorrow..!
gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 02, 2000 05:17 PM « «
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On Nov 4, 1998 the Royal Farcets siezed my whole inventory.. over $100,000.
Why.. because there is a Shamefull and Patheic plan by Industry Canada backed by even more shamefull and Patheic companies such as Pukeview and ..Starjerks.. to -
Eliminate and destroy the competition..
How.. - by using a civil Judgement between parties I am not partied too and using the civil Judgement to conviently say that the law now clearly says its illegal.. a law that did not change since 1991..
Other Decisions.. - Ignored in Sask.. Nova Scotia.. B.C. that clearly say its legal..
How can that be.. - because they have a master goal of destroying lawfully correct buisnesses by Financially cripingly them so they can not defend themselves..
They didn't plan on having companies to deal with this in court...
Well they have underestimated me.. because I have been working and surviving for the last 18 months waiting for this day..
They have not dared me with offers to settle as they have in most.. because they know the answer is NO..
They tried to ruin my reputation.. they tried to close me down.. NADA..
They have kept everything.. including items not charged with.. items that can be used for the Pukes and the Jerks..
Items such as install kits.. remote controls.. signal senders.. home automation.. manuels.. universal remote controls.. dishes.. LNB's.. DSS.. computers.. computer screens.. computer keyboards.. computer mouses..
Yes, my favourite mouse.. Mickey What interlectual intelligence.. what compelling evidence.. Mickey my favourite mouse
They have now run out of cheese!!!
Now they had me co-charged with another Dealer.. so they get that dealer to plead guilty.. and now that dealer will be their first witness to testify against me..
What brillant stradegy..
It won't work...
All charges for possession under the Radiocommunication Act.. the bull---- act..
Grey market.. they now conviently call black market..
Never has anyone been convicted for DSS in Canada and that includes test cards.. NEVER..
This will be the first trial for Grey market... but they weren't expecting me to be able to last this long.. SURPRISE..
But I have been preparing.. and there will be big surprises for them... That they are not expecting..
I have two top quality lawyers that will make me broke while I defend myself..
I wouldn't have it any other way..
Its my time to come to bat.. and my swing is very good these days
I will be in court for three days.. and since the courtroom is so far away I will be staying near there..
If I am able to report before then I will.. otherwise see you all Friday nite
GS2
PS, I am fighting for myself and for all Canadians who value their Right to view Satellite TV broadcast of their Choice..
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North Sat
Member
Posts: 192
Registered: Mar 2000 posted May 02, 2000 06:15 PM « «
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hi GS, as a matter of coincidence I found myself back to Court this week, I had thought it was next week and was caught quite by surpise when I got a message from IA that he was in town and wanted to meet...so today we closed our case, and the crown began their rebuttal case of the charter, and things are going SMASHINGLY...
BTW as a side note, my case has been ongoing now since Sept. 24th 1997, when the RCMP seized ILLEGALLY without a search warrant, 35 systems immediately after Canada Customs agents stamped the papers which effectively pays the duties and taxes and clears the goods into canada...it has been my experience that if the average Canadian citizen were fully aware of the manner in which the Government conducts itself through the course of these types of proceedings, there would be nothing short of riots in the street. They use the dirtiest and most underhanded tactics with no regard whatsoever to fairness. They are out to win at all costs.
Also another side note, Roy showed up for most of the proceedings, and indicated to me that it has now been 10 weeks since the hearing on the injunction, and there has STILL been no decision. (And he also has had no communication from McPukezie for 8 weeks, the longest since the fiasco began).
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leetch66
Member
Posts: 166
Registered: Aug 1999 posted May 02, 2000 07:11 PM « «
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I wish you all the best Gunsmoke ! Come out firing with both irons smokin when your the last gunslinger standing! Again...I wish you well. I will be glued here Fri nite!!!
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SatDan
Member
Posts: 58
Registered: Sep 1999 posted May 02, 2000 07:21 PM « «
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Anyone know where GS's case is being heard? Maybe some people could go and lend some moral support.
D
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Toronto Guy
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Posts: 112
Registered: Nov 1999 posted May 02, 2000 07:51 PM « «
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SatDan,
Sounds like a great idea. I'm sure all the members here would agree.
Toronto Guy
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 02, 2000 10:27 PM « «
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Hi Guys,
I will be attending GS2? case everyday. Its on tomorrow, 4,5, and then back the following week. I will report every day briefly.
I have religiously attended another case of a Mr. Gregory that wound up last week and one of Mr. DArgy the week before. Both of these cases look very positive and both have made a 2B challenge based on Mr. Ian Angus? factum which he graciously allowed me to use.
He now also has their complete factums in rebuttal as well as their full transcripts.
I have a copy (2b factum) for GS2? lawyer tomorrow and already supplied him with transcripts from my case and both of the other cases I mentioned last week. Many of the same witnesses so that will keep them honest and catch them if they deviate.
I spoke to Ian Angus in Winnipeg early this week and I find that the 10 weeks to rule on Roy Levine's injunction is exceedingly good news. After all an injunction is an EMERGENCY action and a judge that takes 10 weeks (possibly more) to rule on it DOES NOT think much of the emergency. That? VERY good!!
So Good luck this week Eddie and GS2. Even if the Crown has tried to KEEP from having a ruling on this there are now NINE cases with rulings coming so the end for them is NEAR!!
GS2? case is south of Montreal about 50 miles away from his home (for reasons too complex to mention here) and as one of his lawyers is also my wife's lawyer I KNOW he is well represented by him and by a BIG NAME lawyer from out of town. I think the Crown Prosecutor is about to get a BIG surprise this week but it wont be her first
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
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Grasshopper
Member
Posts: 311
Registered: Jan 2000 posted May 02, 2000 10:56 PM « «
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Best of Luck GS2...
Hope everything goes your way too!
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Ghopper
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Heavy C
Member
Posts: 83
Registered: Jan 2000 posted May 02, 2000 11:16 PM « «
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Best of Luck to you,,,even though you don't need it. You have the support of so many. But I say " Give em two behind the Friggin Ear "
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M_DeRuKe
Member
Posts: 622
Registered: Sep 1999 posted May 03, 2000 12:10 AM « «
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I'm glad GS2 will finally get his day in court. It won't be over anytime soon...
I wish you well, my friend. Show them... The Law.
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JeffyJoe
Member
Posts: 213
Registered: Oct 1999 posted May 03, 2000 10:43 AM « «
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Good luck GS2...
I know this is going to end well
(for all of us)
JeffyJoe
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 04, 2000 02:06 AM « «
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Hi All,
Well after GS2 waiting 18 months to FINALLY get to his trial, it was with baited breath that we all waited to analyze things.
Good News. The Judge is a real GO GETTER. He is impatient (so is GS2) and he wont put up with any nonsense.
The first witness was the RCMP agent who led the RAID. Dull as a whip!! He boringly entered documents such as invoices and stuff, one by one. Quickly the Judge became annoyed ESPECIALLY when the defence admitted almost everything except some merchandise that was seized at one location (because it was not his).
The sales invoices for RCA? etc., the invoices for authorizations (to a dealer) and all such stuff including most of the seized merchandise was admitted readily. This visibly puzzled the Crown. They are so stu**d that they were wondering ?hy is this crook admitting all this?and it made them proceed very slowly. To them a satellite dish and heroin are very similar---both illegal substances. The turkeys haven? had it dawn on them that its admitted because in a business you make invoices. Not an illegal business but a perfectly normal one like GS2 runs buying and selling merchandise and services. They are so BRAINWASHED (including the head Crown prosecutor) that this possibility hasn? dawned on them yet, even in her fourth trial. She is however, intimidated, by the 2 powerful lawyers representing GS2.
Well now the judge is trying to hurry them up. He doesn? want to waste much time on this boring stuff. Lets agree on a set of facts and get down to the issue, he says.
Mr. Alan Gold, GS2? Toronto powerhouse told the Judge clearly. The interpretation is what is at issue here your Honour. If we are wrong then we are sunk but if we are RIGHT then we shouldn? be here at all. Lets dispense with the irrelevant and get right to the heart of the matter.
Didn? mince words and the judge appreciated that. He wants to get to the interpretation and the heart of it, not logging in invoices like some clerk.
Well the Crown says 15 more minutes of this and it takes almost 2 hours so we get nowhere today. Except the judge now knows what her 15 minutes means.
And they have to do something to make it look like they have some sort of case. So they use the old ?ull---- baffles brains?philosophy, but they are trying that on the wrong people. Even the wrong judge.
I have seen this Crown in 4 different cases now and I have made personal observations that are mine alone.
(1) She does NOT have her heart in the issue at all. May even wonder what we are doing here with all the crime she usually sees. How seriously upset can you get because someone sold a satellite dish?
(2) She has almost no ethics and says outrageous things that don? conform with the facts. Judges who also heard the witness DONT like that but it seems to be her style. I guess she is TOLD to fight and this is how she chooses to do it. Unethically, in my opinion, that seems to be her hallmark.
(3) She is no Rocket Scientist and does not seem to have a very good grasp on what is really going on. Ya know what I mean. Pair of hyenas.
I view all three of these attributes as VERY positive----for GS2 and our side!!!
So thats it until tomorrow when some REALLY important surprises will come out. You will all be floored by some of these things but more important, SO WILL THEY. I can? let the cat out of the bag but I certainly will report them as the bag is opened
Like good ---- to come. Things they don? know or even suspect and some of them will floor them. We will all get some joy our of what is to come.
Tomorrow will probably be Kilfoyle from NDS, a local dealer who purchased from GS2 wholesale and if that moves along a Lawyer from Starchoice named Gibson. You know, the guys who don? make the damage they try to do public but TRY HARD to do the damage. Hypocrytes of the worst type. Wow!! Has he got a few surprises coming however!!! You will LOVE this stuff!!
That? it for tonight but the first day is always boring. Tomorrow will step it up about 95 notches though so the news will be VERY interesting. As the log-ons are fixed I will report earlier too
Bye the way doesn? this sound like our crooked faced friend who leads things in Canada. What do YOU think???
http://www.legal-rights.org/Pm.mp3
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
SatDan
Member
Posts: 58
Registered: Sep 1999 posted May 04, 2000 06:03 AM « «
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GS2..
Wish I could be there...give em hell...
Maybe I will email CourtTv and see if we can get ya on there...Channel 203 I beleive..
D
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Jeet
Member
Posts: 24
Registered: Sep 1999 posted May 04, 2000 04:33 PM « «
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Where is the trial being held, city and court room address please.
Thanks guys and keep up the fight GS2.
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 04, 2000 09:34 PM « «
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Hi Jeet,
The court is in Longeuil Quebec but I dont know the address. Could try to get it tomorrow as I will attend again. Its a 1 1/2 hour drive so I am off to bed now.
Now on to DAY 2 in GS2 trial. I arrived a little late this AM but the cop was still on the stand in Cross. That went quite well but as is usual he knew everything for them but knew very little when GS2? lawyers questioned him. That may have cost him some credibility.
Then Came Daniel the original co-accused with GS2 who pleaded guilty (because he could not afford a defence) which is very expensive. An example is that I have spent over $150,000.00 to $175,000.00 so far and I am not over my preliminary hearing yet. If we go to trial that will cost another $300,000.00 or more. Its easy to see how someone like Daniel is forced to plead guilty even though he is not. This is the Governments ?ce in the hole?and very few people can afford a full defence with food lawyers. Where is the JUSTICE in this?
Anyway Daniel was a good witness and was very truthful. He let GS2 get in quite a few things and the judge accepted his credibility about the business because after all he had just pleaded guilty so why lie???
After Daniel, the judge has quite a few things answered that were puzzling him earlier. Then a small witness testified as to whose property was seized (as it was NOT all GS2?) but that witness was of little assistance and his boss will be called later. Then Michel Clavet, of Industry Canada testified in Chief and still has a way to go tomorrow. Nothing revealing but that will come in Cross. We know what he will say though as he has testified 4 times before in other courts and we have all those transcripts. He will say the receivers are legal but that authorizing them is not. It will be interesting to see how they PROVE that however as the law does NOT say that at all.
Tomorrow should bring some explosions now as both Mr. Geoffery Kilfoyle of NDS and Mr. Gibson of StarChoice will testify. Surprises are in line for BOTH of them and I am not sure they will even finish tomorrow. Kilfoyle will be in trouble because he was asked to bring contracts between NDS and DirecTV some months ago (4 months) in MY case but for sure he doesn? have the info. He does NOT want to bring that but the judge WILL be pissed. The judge in Gregory? case 2 weeks ago almost hit the roof when he found out this material was not here and I believe he will discount ALL of Mr. Kilfoyles testimony (he says damaging stuff, even if not quite true). The JUDGE IS entitled to NOT believe a witness who is obviously following an agenda for his boss, but is NOT being of assistance to the court OTHER than for his bosses agenda. Kilfoyle is exactly this person.
Mr. Gibson made some important admissions in the Dargy case in Drummondville and may well forget some of what he said. He will try to say that StarChoice are losing money because of Grey market but GS2 will be asking how the starting up of a commercial enterprise like SC in 1997 can affect a 1991 law, withOUT having parliament change the law. Naturally it CANNOT so and while factually wrong this could have an effect on the judge. GS2? lawyers will try NOT to let it. But there are some BIG surprise for this fellow and I will tell you about them tomorrow.
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
[This message has been edited by To The REAL King (edited May 05, 2000).]
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 05, 2000 02:05 PM « «
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Here are the FRIDAY RESULTS of GS2? TRIAL.
Hi Everyone,
Well today the trial took on a new character. The whole issue seemed to become more clear to the Judge during Mr. Michel Clavets testimony. He is coming to understand all of this quite well. Remember he has no dish so much of this is hard to understand at first. He is obviously a very intelligent man. While Clavet (of Industry Canada) at the first trials came in and said the receivers were LEGAL to own but now he is smoother and says they are legal to possess but illegal to use. He tried to show the receivers were ILLEGAL as they didn? have the red Industry Canada stickers BUT the Judge thought that trivial in THIS case. Alan Gold also asked what was the relevance in this case? He did NOT allow Clavet to go on with that line. Once he said that the small US dishes were illegal due to Starchoice and Expressvu he was asked ?hat about C-Band? He had to admit 2 major things.
(1) That there was currently no Canadian programmer for encrypted Cband signals emanating either inside or outside of Canada, to his knowledge.
(2) Many people in houses and Sports Bars are breaking the RC Act (in the crowns view) by using Cband dishes and that if people WANTED Cband programming they could not buy it.
The Judge was appalled at this and suggested that it was the Government of Canada? responsibility to OBTAIN a lawful distributor for this and suggested that failing this it could not be illegal for people to buy it wherever they could. He did NOT like that the Government could charge people with a crime YET THEY didn? have the lawful distributor. He felt the Government was shirking THEIR responsibility.
Its not too far a stretch till he realizes that if you want programming on a small dish not available in Canada, WHAT IS THE DIFFERENCE? Should your freedom of choice be surpressed?
Bye the way, this is the first recent case where a section 2b factum has NOT been submitted in writing. It is apparently a strategy according to Mr. Joe ?he law?La Leggia. I am afraid of this because I saw too many rulings that say ?bsent a charter challenge....?As a chicken I would have it in writing so it could never be said not to be there but I have to think the lawyers KNOW what they are doing and I defer to that. Besides its not my place to question at all although I do take all these cases personally and especially my good friend GS2? case. The injustice really tugs at the heartstrings as they are in SUCH bad faith.
Clavet was NOT on the stand for long and the Judge did a lot of cross examining himself. GS2? lawyers both sat there and smiled
This judge understands the issues and seems offended by the Governments position and the fact that they did NOT seize Cband dishes from Mr. Daniel Forand and they seized VideoCipher PLUS decoders from him and then GAVE THEM BACK. Now he is told their is no difference EXCEPT that BEV and StarChoice exist. He came to the conclusion that this was because StarChoice and BEV had no Cband competition even though its no different than DSS in legalities. He further did NOT seen to see any harm from his general attitude in a Canadian buying what they want wherever he could (but didn? say that outright). He also doesn? seem to see ANY problem with Canadians having US Post office boxes.
Then came Mr. Geoffery Kilfoyle of NDS who? testimony once again was pretty amazing, to say the least. The Judge immediately sensed that he had an agenda and I think had trouble believing some of the things he said. For instance he said that as the ?hief NDS security analyst?he had NEVER heard of DSI. They are only the biggest DSS distributor in America, He was also NOT aware of the Swap program where for x dollars and a Fcard the distributor to DirectV would offer an Hcard. That went on for almost 2 years and DirecTv did it too. He further avoided saying that GI was his competitor until GS2? lawyer broke down and asked, ?hy is this witness afraid to admit something he knows very well, that GI is his direct competitor and may be supplying DTV if NDS was not.?Even the Judge seems pissed at that because it was obvious that he knew. But he denies EVERYTHING except the things he wants to say. If a card is modified, he says that was for signal theft and if a card has FAILED her says that? a looped card. Now how the HELL would he know that. Cards do simply fail and the ONLY way to determine that a card id looped and not failed is to UNLOOP it and examine the code on it. He didn? do that.
The Crown made a FUTILE attempt to show that some of the cards seized at GS2? were modified. Essentially they seized 3 Hcards that were virgin and in the warehouse they seized 19 Fcards in an envelope that were sent in by a customer for the F to Hcard swap, but arrived too late. Of the 10 = 6 were modified and 4 were virgin. But Kilfoyle had to admit that when GS2 was seized on Nov 4 1998 it had been TWO years since the Fcards worked. GS2 will show by the date on the envelope that they were NEVER in his possession during the time they worked. They were sent in trade and were not his. So essentially the Judge understood that, that there was no smartcards involved in GS2? case and these were only ancillary to the issues and not relevant. The Crown failed and I believe we now have a strictly 100% ?rey market?(The crown now calls it black) case. This is important because the judge will have an easy time justifying that even though the RC ACT has no suggestion of Grey, Black nor Purple. As it is in the transcripts then the RULING will include those 6 modified cards in scope and the Judge will make an interpretation of the RC ACT and cannot exclude the card evidence. He will just be inclined to disregard them in his decision as to WHAT ruling to make. That will be favorable to the whole industry.
How could selling an American Satellite system to a Canadian and arranging its subscription and the payment for same POSSIBLY be illegal in Canada. The Crown has bitten off MUCH more that in can chew in this case and I suspect that we MAY even see a ruling off the bench. The case returns next Tuesday the 9th and continues the 11th. I am not sure that GS2 needs to call many defence witnesses so I don? know how long it will take. Certainly Tuesday we have only Mr. Gibson from StarChoice and one small witness re the ownership of the goods seized and that will WIND up the Crowns case. Unless something goes VERY WRONG (which I don? think is even possible) I certainly predict that this one is a 90-10 win right now. By Tuesday we may be predicting stronger
It looks super good as I guess we all expected. After all we have known for a long time that this is not illegal, its just being sure that a judge sees it our way too.
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
[This message has been edited by To The REAL King (edited May 05, 2000).]
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The Winger
Member
Posts: 124
Registered: Oct 1999 posted May 05, 2000 04:29 PM « «
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King, just out of curiousity, is this case being reported in the local media, and if so, what is there take on the case??
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JDsMoUsE
Newbie
Posts: 1
Registered: May 2000 posted May 05, 2000 05:03 PM « «
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Way to go GS2!! Glad to hear everything is going good so far. Good luck with the future dates, although by the sounds of it ya don't need much luck cuz the evidence is after all in your favour...
Cheers!!
JDsMoUsE
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 05, 2000 05:24 PM « «
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Hi The Winger,
No these cases have no BLOOD!!! The local media may report on the result but they wont do anything while its going on. They would have to devote a reporter for too much time invested for the limited interest. We are interested but the general public is only interested in a limited way. I have written news articles in the past and emailed it to all the paypers and their Satellite or technology people and no interest. They just dont care!!
GS2 has some really powerful evidence that will come out next week and may SHAME the government and that might just motivate the media I hope. Something like the government trying to prohibit me and you from doing something THEY are doing themselves that breaks the law.
I think that will have some public interest because its embarrassing and we will try to make some headway with it.
But right now, nothing at all in this or any of the other cases. A positive result and MUCH bothering them may get us a small article.
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
ccds
Member
Posts: 160
Registered: Sep 1999 posted May 05, 2000 06:19 PM « «
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TTRK:
Thank you for the continued updates, its appreciated...
good luck GS2
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gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 05, 2000 08:46 PM « «
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Hi Everyone,
Special thanks to TTRK for giving the updates...
We don't think our case could be going any better.. both my lawyers have expressed that.
We have a no nonsense Judge who intervenes very quickly... bad for the crown.. hehe..
The Judge is not interested in all the useless Kaka details.. which is basically what the crown is doing..
They are suppose to show I am guilty.. but they seem rather hopeless..
The first day was such a waste.. showing everything they seized.. stupid documents.. and the equipement...
Except we admit we own them.. IDIOTS..I want them back.. what did you think we would say...
We already agreed before the trial started that the seized goods were my property.. MORONS..
So you pissed off the Judge who ask you why are you wasting time... his time..
The brillant officer in charge of my case was such a bread winner.. we were finished with him in no time..
So what happens the crown seeks to delay until tommorrow.. because they don't know what to do..
NADA.. says the Judge.. case resumes at 2:15PM
Instead of going into useless waste of cross examination as the crown is use to.. and expecting.. we just want to get to heart of the matter.. and with this Judge.. thats best thing thing because he is not interested in kaka nothing..
They charged me with some goods that I do not owned.. 21 dishes and LNB's.. that were in a warehouse we use for storing.. they belong to another dealer..
So they bring in the warehouse manager who had a memory loss and couldn't remember where we stored our goods.. but he remembered loading our goods into a Hertz truck the day we we raided..
I was not there when the Royal Farcets came to my office.. so I took the liberty of making a few calls before I got to the office
Anyway the warehouse manager did remember that there was someone else that stored Satellite equipement that was on the side of the warehouse that our goods did not belong... of course he remembered when we brought it to his attention.. the warehouse manager decided to try to coverup for the other dealer who is a personal friend of mine... in fact the other dealer knows all about it.. probably call him ( warehouse manager ) after I told him it was going to come up in trial.
So now the crown is going to call the owner of the warehouse who is a bigger liar than his employee.. but it really doesn't matter to us.. just more waste of time by the crown..
The satellite dealer who pleaded guilty only help my case.. you DUMB farts.. I said it wouldn't work..
This dealer said we never supplied or offered pirate cards which is the truth.
Anyway I knew that this dealer had VC2 + modules seized.. and then returned.. hehe..
Those modules can ONLY be used to decode US signals.. the same as all my DSS..
They didn't take one of his C-band dishes during his raid either only the DSS..
Well did my lawyers have a field day on that one with the Industry Canada Moronic Expert..
It seems the crown said they did not find the BIG dishes.. the dealer only had about 10 of them..pretty hard to find during a search warrant..
The Industry Canada Moronic Expert on radio comunications for some unexplain reason didn't know much about C-band.. he is only an Expert on DSS
He said the big dishes were only for commercial education installments.. Haha..
Now the Judge is really pissed off.. says at the Greek restaurant he goes to they have a big dish showing sports..
The Judge cross examined the Indusry Canada Moronic Expert into a corner which had no escape.. yes we had big smiles.. now I had three lawyers
I always wanted to bring this out in court.. they only seize DSS because its competition.. they don't give a rats ass about C-band that receives the identical US encrypted signals..
I think we demonstrated that this is about Financial interests..
The crown said they were going to investigate why this has happen.. Ya sure.. you got caught.. big time.. hehe..
The crown is completely caught off guard... and don't know what to do..
The expert only pissed off the Judge who is no nonsense.. you see they try to lie.. cover up.. and with this Judge the more they did.. the more we smiled..
The technical compliance kaka about DOC.. CSA.. Industry Canada. stickers that the DSS doesn't have didn't go over to well with this Judge either.. my lawyers ask what relevence this had.. the Moronic tried to explain.. anyway the Judge ask if he bought someting in France and brought it into Canada without the label was it a crime..
Well the kaka about it being illegal because it had no stickers went over very big.... hehe.
We had the Moronic state he was an expert on telephones also fot the record.. because all DSS has modems that are suppose to be DOC approved for Canada..
We had bought three different phones in a huge chain that were not DOC approved.. no Industrie Canada stickers and no approvals for Canada..
We were going to have this person testify that he bought these phones yesterday and show them to the Judge and the Moroic expert.. but we blew it off.. the judge didn't give a ----..
Then they had a Jerk from the CRTC.. the Judge even warned the crown about the line of questioning.. the crown said they had to show that the only two licensed DTH companies were the Pukes and the Jerks..
But the judge said we already know that and the defence is not contesting it.. they had to show the licenses that they got..
Well this Judge does not like to waste time.. so the crown just pisses him off..
And we just attacked the CRTC on C-band.. which of course this expert didn't take a course on C-band..
He handed a list of the available channels approved by the CRTC.. and honestly I thought the Judge was going to Puke
Then NDS expert confirmed that 6 F cards were modified that they found out of ten.. he also testified that the F datastream was shut down around June 97.. but they seized these cards in Nov 98..
And the cards were in an envelope as they were sent to us to be exchanged to H cards as part of an exchange program.. but the program ended and we forgot about these cards and so did the dealer who sent them to us as they were useless..
We asked the Royal Farcet if he had check with Canada Post when they were sent out as the envbelope still had a stamped postal circle on it that was not legible.. he said no.. so we ask him to go check.. objection by the crown.. the Royal Farcets do not have the time to do this..
Well the burden of proof is on the crown.. so the Judge explain that and told the Royal Farcet to find out.. no answer yet..
We receive them in early 98.. after the F datastream was no longer in existance.. and the NDS expert testified that they ( F ) cards could not be modified to receive anything after June 97..
No response from the Royal Farcet.. and that ends any card issues.. besides the crown said I was not charged with signal theft.. just had to show the state of the 6 cards..
Also confirmed no pirate software found on any computer and no programmers.. which the expert said is needed..
So as expected my case is Grey market only that they now call black.. except they never tried a grey case in court.. and do they seem lost..
So I have the owner of the warehouse to testify about the 21 boxes of dishes that don't belong to me.. he will lie.. but it doesn't matter anyway.. I am either innocent or guilty..
So their last big witness is Starjerk.. and we have a few questions for him.. don't think his testimony will matter much anyway...
Now we have subpeoned some witnesses that will be a rather big surprise.. one got the notice today.. already called.. the other probably got it also.
TTRK PLEASE DO NOT EVEN HINT.. PLEASE.. BOTH MR A & J BOTH SAY PLEASE...
However you can let the bag out PLEASE only when they have testified..
They will no doubt be a bit of a surprise.. I am sure the Crown will be very pleased
This case will come down to the Judges interpretation of the bull---- act.. he was given a stack to read.. he is a smart Judge.. and its the only thing that scares me a bit.. he should see it our way.. but you just never know..
The crown has not in my opinion showed any evidence of me being guilty and they are forgetting what is important THE LAW..
So they can continue with their Kaka.. while we are educating the Judge on the proper interpretation..
We do have the charter as an arguement if we were to lose.. the Judge has agreed.. we have not made a charter motion.. but will introduce a charter arguement only if needed..only if we lose.. we can fall back on it.. as it will then have to be determine if the bull---- act infringes on the charter..
My lawyers are in sync.. and I don't think they ( crown)have encountered this type of oppostion yet.. MR A.. seems to give the crown a scare everytime he stands up to speak..
Mr J is doing great also..
GS2
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The Winger
Member
Posts: 124
Registered: Oct 1999 posted May 05, 2000 09:23 PM « «
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Good to hear, good luck! I just want to pass off a little side note, Recently on a talk radio show here in Calgary, There was an ex Rcmp on who now works for some entertainment industry group fighting Dss in Canada. I can't recall his name but you or the King might know of him. Anyways, I got in and asked this guy if he knew how many of his buddy's on the force had a dtv system, and if he was going to start removing their systems first. Well he was flabbergasted, he didn't know how to answer that question, so the Talk show host pressed on and he admitted that he knew of excolleagues who had these systems, but he didn't know for sure how many. He said it was irrellevant. Well that got the Talk show host going, I am sure that if that guy could have gotten ahold of me there would have been pepper spray all over the place!! Felt good to make him squirm.
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 05, 2000 10:42 PM « «
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Hi The Winger,
Thats GREAT. I LOVE to hear, see or just KNOW of those -------s squirming.
Bye the way GS2,
Every time Mr. Alan Gold got up to talk the CROWN looked like this
I have NEVER seen a woman with a longer frown that this CROWN except that since Alan Gold has been there its TWICE as long
Boy is she stunned!!
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
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M_DeRuKe
Member
Posts: 622
Registered: Sep 199
This is excellent! After stall tactics they're finally realizing they don't have a case. I hope McKenzie et al is freaking out right now... realizing most of his business can't win!
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North Sat
Member
Posts: 192
Registered: Mar 2000 posted May 06, 2000 01:13 PM « «
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Hey winger, was that ex-RCM(tv)P happened to be named something along the lines of David Struck? Sounds like it may be, since he WAS an RCM(tv)P from Winnipeg here, who retired from the force to work for N D S an DirTV...also happens to be same 'member' who illegally seized 35 systems from me in 1997, moments after his employer (the Government of Canada) took my money and cleared the goods for entry to Canada.
He testified that these systems are such a problem that he had to run to the border without even so much as thinking about a search warrant, in order to seize them, yet we heard testimony that his fellow 'member' Stephen J Caldwell conducted an interview of a former customer of ours, and saw that the guy had a DSS system in his living room, fully operational, yet he didn't even warn him it might be illegal, let alone seize it with or without a warrant.
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The Winger
Member
Posts: 124
Registered: Oct 1999 posted May 06, 2000 08:40 PM « «
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Well I can't remember his name, I wish I could. All I remember is his rambling on about how it was costing the Industry money because we were watching movies that the canadian distributors were not being paid for. The scary part is I think the guy actually believed what he was saying, Besides the fact that he had probably been to a buddy's house to watch free wrestling the weekend before.
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M_DeRuKe
Member
Posts: 622
Registered: Sep 1999 posted May 08, 2000 12:54 AM « «
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If it's important the radio station will have transcripts or tapes... might ask for $5.
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gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 08, 2000 10:43 AM « «
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Canadian distributer have been stealing signals forever..
Ted rodgers was known as the biggest Pirate.
My lawyer brought that in very quickly in court and the crown was so stupid they forgot to object.
But the judge had it stricken from the records.
GS2
[This message has been edited by gunsmoke2 (GS2) (edited May 08, 2000).]
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gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 08, 2000 05:33 PM « «
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New update...
The crown has finished their case and their two remaining witnesses will only be called if a Charter arguement is necessary..
This was an option that the judge presented to them and they decided to take it..
So the Starchoice lawyer will not be testifying tommorrow and most likely never..
So what does that mean...
We start our case tommorrow morning..
We have supeoned two witnesses..
One in the morning.. one in the afternoon..
I will tell only this for now and make a full report tommorrow nite.. or TTRK if he is there..
They are both Canadian broadcasters.. broadcasting on Canadian cable.. and Expresspuke.. Starjerks..
They run DSS on their premises currently both with programming to DTV..
One has RCA equipement..the other Sony equipement..
Both have dialers manufactered by my company.
Both have fake US adddresses
The one in the afternoon.. is the biggie..
It is a Crown Corporation..
Which means they are owned by the Government.
I think this will be somewhat embarrassing.
TTRK Please no names until they have testified ( Thanks )
I will not be testifying as my lawyers now feel it is not necessary..
We could start closing arguements tommorrow afternoon.. next will be the Crowns closing arguements..
So we might finish on Thursday ( next day reserved in court ).. if not then one day next week..
Leaving now.. off to the hotel as the courtroom is so far away..
GS2
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Redemption
Moderator
Posts: 375
Registered: Sep 1999 posted May 08, 2000 07:03 PM « «
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Where is Gss2's hearings taking place and is it open to public? Might take me a trip there
Thanks
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Grasshopper
Member
Posts: 311
Registered: Jan 2000 posted May 08, 2000 07:21 PM « «
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Redemption,
Check out TTRKs' first post in this thread.
Thought I saw a post in one of these GS2 threads that was more specific.
------------------
Ghopper
[This message has been edited by Grasshopper (edited May 08, 2000).]
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Jeet
Member
Posts: 24
Registered: Sep 1999 posted May 08, 2000 09:27 PM « «
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Just some Law 101 for people.
Court cases are open to the general public to attend, even civil cases.
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DR7
Administrator
Posts: 1272
Registered: Aug 1999 posted May 09, 2000 01:51 AM « «
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Best of luck to a True Canadian Hero...GS2 , keep up the fight and I wish you the best of luck in changing the way things are in Canada because as always I'LL WATCH WHATEVER THE HELL I PLEASE IN THE PRIVACY OF MY OWN HOME!!!!:P
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M_DeRuKe
Member
Posts: 622
Registered: Sep 1999 posted May 09, 2000 02:11 AM « «
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oh now thats a good suprise
I think the Crown should be called the Clowns.
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 09, 2000 02:17 AM « «
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Hi Guys,
The court case is in Longeuil Quebec, about 1 1/2 hours from my home in Hudson area or 3/4 of an hour (at rush hour) south of Montreal. Its very hard to find and I arrived a half hour late the first day.
I am glad to hear that GS2? lawyers feel he doesn? need to testify as this means its virtually in the bag. I think they will revisit that question after the last witness has testified however as GS2 would make a good witness if needed. When the crown has really proved nothing however it becomes really unnecessary.
As MR. Gibson is a lawyer and a rep of StarChoice and as they cannot prove any loss, (they do have a civil right of action possibly) the judges decision not to have him (Gibson) testify unless the 2B charter argument is used CLEARLY shows where the judge is going.
You see the 2B argument would ONLY be called into issue if GS2 was to be found guilty. Then the Judge would have to decide if the RC Act infringed his rights under the charter section 2B (Freedom of Expression) BUT if he is found ?ot guilty?OR if the Judge rules ?t is NOT an offence?(the more likely ruling in MY opinion) then his 2B rights have NOT been infringed. In fact it means that ?he Actions of GS2 (and everyone selling Grey Market) do NOT constitute an offence under the RC ACT.
In fact (as the act does not differentiate between Black and Grey) this MOST LIKELY means that ONLY someone who is STEALING a signal of an Authorized Distributor in Canada (such as ExpressVu and Star Choice for Satellite) is guilty of an RC Act offence, which is obviously correct and is what the law is there to protect against. Receiving programming from an International broadcaster such as an American company who are NOT authorized in Canada, whether you pay or NOT, is unlikely to be an offence under the Act.
I certainly do hope its over on Thursday as I am tired of travelling
I hope we get a ruling FROM THE BENCH followed by a written ruling which specifically says why. The Judge probably knows the Crown will Appeal this decision so the stronger the ruling is justified as to WHY, the less the grounds for appeal. The Crown can really only appeal on the LAW and NOT on the facts presented. They would have to allege that the Judge made an ?rror in law?
This is why I believe he may rule it ?ot an offence known to law?as this has been ruled in two previous black market cases in Canada. As those were NOT appealed by the crown (one was but the appeal was later dropped because the ruling was SO STRONG) this CERTAINLY would not be overturned in a ?rey market case?where the ?ppearance of right?or the ?orality of it versus the legality of it?is clearly much more in our favor.
While some may take objection with the moral issue of receiving a signal without paying, this WILL NOT be an issue in THIS case and is really not a true issue in any case. Canadians MUST follow the law regardless of the Moral issues, one way or the other. There is a moral issue with their broadcasting in Canada which is disallowed by law (try to get a signal that is NOT broadcast here) but that does NOT change the law and legal issues.
It therefore becomes the first case in Quebec & Ontario to be subject to the crowns appeal (they have 30 days) yet one of the most difficult ever to overturn.
I don? want to jump to any conclusions because its never over in law till the fat lady sings but I just wanted you to have some idea of what can happen, or should I say what I hope happens
To freedom of CHOICE in Canada and DOWN with the improper stance of our undemocratic Government!!!
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org 9 ?arseurl=yes
gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 02, 2000 05:17 PM « «
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On Nov 4, 1998 the Royal Farcets siezed my whole inventory.. over $100,000.
Why.. because there is a Shamefull and Patheic plan by Industry Canada backed by even more shamefull and Patheic companies such as Pukeview and ..Starjerks.. to -
Eliminate and destroy the competition..
How.. - by using a civil Judgement between parties I am not partied too and using the civil Judgement to conviently say that the law now clearly says its illegal.. a law that did not change since 1991..
Other Decisions.. - Ignored in Sask.. Nova Scotia.. B.C. that clearly say its legal..
How can that be.. - because they have a master goal of destroying lawfully correct buisnesses by Financially cripingly them so they can not defend themselves..
They didn't plan on having companies to deal with this in court...
Well they have underestimated me.. because I have been working and surviving for the last 18 months waiting for this day..
They have not dared me with offers to settle as they have in most.. because they know the answer is NO..
They tried to ruin my reputation.. they tried to close me down.. NADA..
They have kept everything.. including items not charged with.. items that can be used for the Pukes and the Jerks..
Items such as install kits.. remote controls.. signal senders.. home automation.. manuels.. universal remote controls.. dishes.. LNB's.. DSS.. computers.. computer screens.. computer keyboards.. computer mouses..
Yes, my favourite mouse.. Mickey What interlectual intelligence.. what compelling evidence.. Mickey my favourite mouse
They have now run out of cheese!!!
Now they had me co-charged with another Dealer.. so they get that dealer to plead guilty.. and now that dealer will be their first witness to testify against me..
What brillant stradegy..
It won't work...
All charges for possession under the Radiocommunication Act.. the bull---- act..
Grey market.. they now conviently call black market..
Never has anyone been convicted for DSS in Canada and that includes test cards.. NEVER..
This will be the first trial for Grey market... but they weren't expecting me to be able to last this long.. SURPRISE..
But I have been preparing.. and there will be big surprises for them... That they are not expecting..
I have two top quality lawyers that will make me broke while I defend myself..
I wouldn't have it any other way..
Its my time to come to bat.. and my swing is very good these days
I will be in court for three days.. and since the courtroom is so far away I will be staying near there..
If I am able to report before then I will.. otherwise see you all Friday nite
GS2
PS, I am fighting for myself and for all Canadians who value their Right to view Satellite TV broadcast of their Choice..
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North Sat
Member
Posts: 192
Registered: Mar 2000 posted May 02, 2000 06:15 PM « «
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hi GS, as a matter of coincidence I found myself back to Court this week, I had thought it was next week and was caught quite by surpise when I got a message from IA that he was in town and wanted to meet...so today we closed our case, and the crown began their rebuttal case of the charter, and things are going SMASHINGLY...
BTW as a side note, my case has been ongoing now since Sept. 24th 1997, when the RCMP seized ILLEGALLY without a search warrant, 35 systems immediately after Canada Customs agents stamped the papers which effectively pays the duties and taxes and clears the goods into canada...it has been my experience that if the average Canadian citizen were fully aware of the manner in which the Government conducts itself through the course of these types of proceedings, there would be nothing short of riots in the street. They use the dirtiest and most underhanded tactics with no regard whatsoever to fairness. They are out to win at all costs.
Also another side note, Roy showed up for most of the proceedings, and indicated to me that it has now been 10 weeks since the hearing on the injunction, and there has STILL been no decision. (And he also has had no communication from McPukezie for 8 weeks, the longest since the fiasco began).
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leetch66
Member
Posts: 166
Registered: Aug 1999 posted May 02, 2000 07:11 PM « «
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I wish you all the best Gunsmoke ! Come out firing with both irons smokin when your the last gunslinger standing! Again...I wish you well. I will be glued here Fri nite!!!
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SatDan
Member
Posts: 58
Registered: Sep 1999 posted May 02, 2000 07:21 PM « «
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Anyone know where GS's case is being heard? Maybe some people could go and lend some moral support.
D
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Toronto Guy
Member
Posts: 112
Registered: Nov 1999 posted May 02, 2000 07:51 PM « «
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SatDan,
Sounds like a great idea. I'm sure all the members here would agree.
Toronto Guy
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 02, 2000 10:27 PM « «
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Hi Guys,
I will be attending GS2? case everyday. Its on tomorrow, 4,5, and then back the following week. I will report every day briefly.
I have religiously attended another case of a Mr. Gregory that wound up last week and one of Mr. DArgy the week before. Both of these cases look very positive and both have made a 2B challenge based on Mr. Ian Angus? factum which he graciously allowed me to use.
He now also has their complete factums in rebuttal as well as their full transcripts.
I have a copy (2b factum) for GS2? lawyer tomorrow and already supplied him with transcripts from my case and both of the other cases I mentioned last week. Many of the same witnesses so that will keep them honest and catch them if they deviate.
I spoke to Ian Angus in Winnipeg early this week and I find that the 10 weeks to rule on Roy Levine's injunction is exceedingly good news. After all an injunction is an EMERGENCY action and a judge that takes 10 weeks (possibly more) to rule on it DOES NOT think much of the emergency. That? VERY good!!
So Good luck this week Eddie and GS2. Even if the Crown has tried to KEEP from having a ruling on this there are now NINE cases with rulings coming so the end for them is NEAR!!
GS2? case is south of Montreal about 50 miles away from his home (for reasons too complex to mention here) and as one of his lawyers is also my wife's lawyer I KNOW he is well represented by him and by a BIG NAME lawyer from out of town. I think the Crown Prosecutor is about to get a BIG surprise this week but it wont be her first
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
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Grasshopper
Member
Posts: 311
Registered: Jan 2000 posted May 02, 2000 10:56 PM « «
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Best of Luck GS2...
Hope everything goes your way too!
------------------
Ghopper
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Heavy C
Member
Posts: 83
Registered: Jan 2000 posted May 02, 2000 11:16 PM « «
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Best of Luck to you,,,even though you don't need it. You have the support of so many. But I say " Give em two behind the Friggin Ear "
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M_DeRuKe
Member
Posts: 622
Registered: Sep 1999 posted May 03, 2000 12:10 AM « «
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I'm glad GS2 will finally get his day in court. It won't be over anytime soon...
I wish you well, my friend. Show them... The Law.
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JeffyJoe
Member
Posts: 213
Registered: Oct 1999 posted May 03, 2000 10:43 AM « «
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Good luck GS2...
I know this is going to end well
(for all of us)
JeffyJoe
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 04, 2000 02:06 AM « «
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Hi All,
Well after GS2 waiting 18 months to FINALLY get to his trial, it was with baited breath that we all waited to analyze things.
Good News. The Judge is a real GO GETTER. He is impatient (so is GS2) and he wont put up with any nonsense.
The first witness was the RCMP agent who led the RAID. Dull as a whip!! He boringly entered documents such as invoices and stuff, one by one. Quickly the Judge became annoyed ESPECIALLY when the defence admitted almost everything except some merchandise that was seized at one location (because it was not his).
The sales invoices for RCA? etc., the invoices for authorizations (to a dealer) and all such stuff including most of the seized merchandise was admitted readily. This visibly puzzled the Crown. They are so stu**d that they were wondering ?hy is this crook admitting all this?and it made them proceed very slowly. To them a satellite dish and heroin are very similar---both illegal substances. The turkeys haven? had it dawn on them that its admitted because in a business you make invoices. Not an illegal business but a perfectly normal one like GS2 runs buying and selling merchandise and services. They are so BRAINWASHED (including the head Crown prosecutor) that this possibility hasn? dawned on them yet, even in her fourth trial. She is however, intimidated, by the 2 powerful lawyers representing GS2.
Well now the judge is trying to hurry them up. He doesn? want to waste much time on this boring stuff. Lets agree on a set of facts and get down to the issue, he says.
Mr. Alan Gold, GS2? Toronto powerhouse told the Judge clearly. The interpretation is what is at issue here your Honour. If we are wrong then we are sunk but if we are RIGHT then we shouldn? be here at all. Lets dispense with the irrelevant and get right to the heart of the matter.
Didn? mince words and the judge appreciated that. He wants to get to the interpretation and the heart of it, not logging in invoices like some clerk.
Well the Crown says 15 more minutes of this and it takes almost 2 hours so we get nowhere today. Except the judge now knows what her 15 minutes means.
And they have to do something to make it look like they have some sort of case. So they use the old ?ull---- baffles brains?philosophy, but they are trying that on the wrong people. Even the wrong judge.
I have seen this Crown in 4 different cases now and I have made personal observations that are mine alone.
(1) She does NOT have her heart in the issue at all. May even wonder what we are doing here with all the crime she usually sees. How seriously upset can you get because someone sold a satellite dish?
(2) She has almost no ethics and says outrageous things that don? conform with the facts. Judges who also heard the witness DONT like that but it seems to be her style. I guess she is TOLD to fight and this is how she chooses to do it. Unethically, in my opinion, that seems to be her hallmark.
(3) She is no Rocket Scientist and does not seem to have a very good grasp on what is really going on. Ya know what I mean. Pair of hyenas.
I view all three of these attributes as VERY positive----for GS2 and our side!!!
So thats it until tomorrow when some REALLY important surprises will come out. You will all be floored by some of these things but more important, SO WILL THEY. I can? let the cat out of the bag but I certainly will report them as the bag is opened
Like good ---- to come. Things they don? know or even suspect and some of them will floor them. We will all get some joy our of what is to come.
Tomorrow will probably be Kilfoyle from NDS, a local dealer who purchased from GS2 wholesale and if that moves along a Lawyer from Starchoice named Gibson. You know, the guys who don? make the damage they try to do public but TRY HARD to do the damage. Hypocrytes of the worst type. Wow!! Has he got a few surprises coming however!!! You will LOVE this stuff!!
That? it for tonight but the first day is always boring. Tomorrow will step it up about 95 notches though so the news will be VERY interesting. As the log-ons are fixed I will report earlier too
Bye the way doesn? this sound like our crooked faced friend who leads things in Canada. What do YOU think???
http://www.legal-rights.org/Pm.mp3
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
SatDan
Member
Posts: 58
Registered: Sep 1999 posted May 04, 2000 06:03 AM « «
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GS2..
Wish I could be there...give em hell...
Maybe I will email CourtTv and see if we can get ya on there...Channel 203 I beleive..
D
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Jeet
Member
Posts: 24
Registered: Sep 1999 posted May 04, 2000 04:33 PM « «
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Where is the trial being held, city and court room address please.
Thanks guys and keep up the fight GS2.
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 04, 2000 09:34 PM « «
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Hi Jeet,
The court is in Longeuil Quebec but I dont know the address. Could try to get it tomorrow as I will attend again. Its a 1 1/2 hour drive so I am off to bed now.
Now on to DAY 2 in GS2 trial. I arrived a little late this AM but the cop was still on the stand in Cross. That went quite well but as is usual he knew everything for them but knew very little when GS2? lawyers questioned him. That may have cost him some credibility.
Then Came Daniel the original co-accused with GS2 who pleaded guilty (because he could not afford a defence) which is very expensive. An example is that I have spent over $150,000.00 to $175,000.00 so far and I am not over my preliminary hearing yet. If we go to trial that will cost another $300,000.00 or more. Its easy to see how someone like Daniel is forced to plead guilty even though he is not. This is the Governments ?ce in the hole?and very few people can afford a full defence with food lawyers. Where is the JUSTICE in this?
Anyway Daniel was a good witness and was very truthful. He let GS2 get in quite a few things and the judge accepted his credibility about the business because after all he had just pleaded guilty so why lie???
After Daniel, the judge has quite a few things answered that were puzzling him earlier. Then a small witness testified as to whose property was seized (as it was NOT all GS2?) but that witness was of little assistance and his boss will be called later. Then Michel Clavet, of Industry Canada testified in Chief and still has a way to go tomorrow. Nothing revealing but that will come in Cross. We know what he will say though as he has testified 4 times before in other courts and we have all those transcripts. He will say the receivers are legal but that authorizing them is not. It will be interesting to see how they PROVE that however as the law does NOT say that at all.
Tomorrow should bring some explosions now as both Mr. Geoffery Kilfoyle of NDS and Mr. Gibson of StarChoice will testify. Surprises are in line for BOTH of them and I am not sure they will even finish tomorrow. Kilfoyle will be in trouble because he was asked to bring contracts between NDS and DirecTV some months ago (4 months) in MY case but for sure he doesn? have the info. He does NOT want to bring that but the judge WILL be pissed. The judge in Gregory? case 2 weeks ago almost hit the roof when he found out this material was not here and I believe he will discount ALL of Mr. Kilfoyles testimony (he says damaging stuff, even if not quite true). The JUDGE IS entitled to NOT believe a witness who is obviously following an agenda for his boss, but is NOT being of assistance to the court OTHER than for his bosses agenda. Kilfoyle is exactly this person.
Mr. Gibson made some important admissions in the Dargy case in Drummondville and may well forget some of what he said. He will try to say that StarChoice are losing money because of Grey market but GS2 will be asking how the starting up of a commercial enterprise like SC in 1997 can affect a 1991 law, withOUT having parliament change the law. Naturally it CANNOT so and while factually wrong this could have an effect on the judge. GS2? lawyers will try NOT to let it. But there are some BIG surprise for this fellow and I will tell you about them tomorrow.
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
[This message has been edited by To The REAL King (edited May 05, 2000).]
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 05, 2000 02:05 PM « «
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Here are the FRIDAY RESULTS of GS2? TRIAL.
Hi Everyone,
Well today the trial took on a new character. The whole issue seemed to become more clear to the Judge during Mr. Michel Clavets testimony. He is coming to understand all of this quite well. Remember he has no dish so much of this is hard to understand at first. He is obviously a very intelligent man. While Clavet (of Industry Canada) at the first trials came in and said the receivers were LEGAL to own but now he is smoother and says they are legal to possess but illegal to use. He tried to show the receivers were ILLEGAL as they didn? have the red Industry Canada stickers BUT the Judge thought that trivial in THIS case. Alan Gold also asked what was the relevance in this case? He did NOT allow Clavet to go on with that line. Once he said that the small US dishes were illegal due to Starchoice and Expressvu he was asked ?hat about C-Band? He had to admit 2 major things.
(1) That there was currently no Canadian programmer for encrypted Cband signals emanating either inside or outside of Canada, to his knowledge.
(2) Many people in houses and Sports Bars are breaking the RC Act (in the crowns view) by using Cband dishes and that if people WANTED Cband programming they could not buy it.
The Judge was appalled at this and suggested that it was the Government of Canada? responsibility to OBTAIN a lawful distributor for this and suggested that failing this it could not be illegal for people to buy it wherever they could. He did NOT like that the Government could charge people with a crime YET THEY didn? have the lawful distributor. He felt the Government was shirking THEIR responsibility.
Its not too far a stretch till he realizes that if you want programming on a small dish not available in Canada, WHAT IS THE DIFFERENCE? Should your freedom of choice be surpressed?
Bye the way, this is the first recent case where a section 2b factum has NOT been submitted in writing. It is apparently a strategy according to Mr. Joe ?he law?La Leggia. I am afraid of this because I saw too many rulings that say ?bsent a charter challenge....?As a chicken I would have it in writing so it could never be said not to be there but I have to think the lawyers KNOW what they are doing and I defer to that. Besides its not my place to question at all although I do take all these cases personally and especially my good friend GS2? case. The injustice really tugs at the heartstrings as they are in SUCH bad faith.
Clavet was NOT on the stand for long and the Judge did a lot of cross examining himself. GS2? lawyers both sat there and smiled
This judge understands the issues and seems offended by the Governments position and the fact that they did NOT seize Cband dishes from Mr. Daniel Forand and they seized VideoCipher PLUS decoders from him and then GAVE THEM BACK. Now he is told their is no difference EXCEPT that BEV and StarChoice exist. He came to the conclusion that this was because StarChoice and BEV had no Cband competition even though its no different than DSS in legalities. He further did NOT seen to see any harm from his general attitude in a Canadian buying what they want wherever he could (but didn? say that outright). He also doesn? seem to see ANY problem with Canadians having US Post office boxes.
Then came Mr. Geoffery Kilfoyle of NDS who? testimony once again was pretty amazing, to say the least. The Judge immediately sensed that he had an agenda and I think had trouble believing some of the things he said. For instance he said that as the ?hief NDS security analyst?he had NEVER heard of DSI. They are only the biggest DSS distributor in America, He was also NOT aware of the Swap program where for x dollars and a Fcard the distributor to DirectV would offer an Hcard. That went on for almost 2 years and DirecTv did it too. He further avoided saying that GI was his competitor until GS2? lawyer broke down and asked, ?hy is this witness afraid to admit something he knows very well, that GI is his direct competitor and may be supplying DTV if NDS was not.?Even the Judge seems pissed at that because it was obvious that he knew. But he denies EVERYTHING except the things he wants to say. If a card is modified, he says that was for signal theft and if a card has FAILED her says that? a looped card. Now how the HELL would he know that. Cards do simply fail and the ONLY way to determine that a card id looped and not failed is to UNLOOP it and examine the code on it. He didn? do that.
The Crown made a FUTILE attempt to show that some of the cards seized at GS2? were modified. Essentially they seized 3 Hcards that were virgin and in the warehouse they seized 19 Fcards in an envelope that were sent in by a customer for the F to Hcard swap, but arrived too late. Of the 10 = 6 were modified and 4 were virgin. But Kilfoyle had to admit that when GS2 was seized on Nov 4 1998 it had been TWO years since the Fcards worked. GS2 will show by the date on the envelope that they were NEVER in his possession during the time they worked. They were sent in trade and were not his. So essentially the Judge understood that, that there was no smartcards involved in GS2? case and these were only ancillary to the issues and not relevant. The Crown failed and I believe we now have a strictly 100% ?rey market?(The crown now calls it black) case. This is important because the judge will have an easy time justifying that even though the RC ACT has no suggestion of Grey, Black nor Purple. As it is in the transcripts then the RULING will include those 6 modified cards in scope and the Judge will make an interpretation of the RC ACT and cannot exclude the card evidence. He will just be inclined to disregard them in his decision as to WHAT ruling to make. That will be favorable to the whole industry.
How could selling an American Satellite system to a Canadian and arranging its subscription and the payment for same POSSIBLY be illegal in Canada. The Crown has bitten off MUCH more that in can chew in this case and I suspect that we MAY even see a ruling off the bench. The case returns next Tuesday the 9th and continues the 11th. I am not sure that GS2 needs to call many defence witnesses so I don? know how long it will take. Certainly Tuesday we have only Mr. Gibson from StarChoice and one small witness re the ownership of the goods seized and that will WIND up the Crowns case. Unless something goes VERY WRONG (which I don? think is even possible) I certainly predict that this one is a 90-10 win right now. By Tuesday we may be predicting stronger
It looks super good as I guess we all expected. After all we have known for a long time that this is not illegal, its just being sure that a judge sees it our way too.
Thanks,
To The REAL King!!
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Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
[This message has been edited by To The REAL King (edited May 05, 2000).]
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The Winger
Member
Posts: 124
Registered: Oct 1999 posted May 05, 2000 04:29 PM « «
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King, just out of curiousity, is this case being reported in the local media, and if so, what is there take on the case??
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JDsMoUsE
Newbie
Posts: 1
Registered: May 2000 posted May 05, 2000 05:03 PM « «
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Way to go GS2!! Glad to hear everything is going good so far. Good luck with the future dates, although by the sounds of it ya don't need much luck cuz the evidence is after all in your favour...
Cheers!!
JDsMoUsE
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 05, 2000 05:24 PM « «
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Hi The Winger,
No these cases have no BLOOD!!! The local media may report on the result but they wont do anything while its going on. They would have to devote a reporter for too much time invested for the limited interest. We are interested but the general public is only interested in a limited way. I have written news articles in the past and emailed it to all the paypers and their Satellite or technology people and no interest. They just dont care!!
GS2 has some really powerful evidence that will come out next week and may SHAME the government and that might just motivate the media I hope. Something like the government trying to prohibit me and you from doing something THEY are doing themselves that breaks the law.
I think that will have some public interest because its embarrassing and we will try to make some headway with it.
But right now, nothing at all in this or any of the other cases. A positive result and MUCH bothering them may get us a small article.
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
ccds
Member
Posts: 160
Registered: Sep 1999 posted May 05, 2000 06:19 PM « «
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TTRK:
Thank you for the continued updates, its appreciated...
good luck GS2
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gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 05, 2000 08:46 PM « «
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Hi Everyone,
Special thanks to TTRK for giving the updates...
We don't think our case could be going any better.. both my lawyers have expressed that.
We have a no nonsense Judge who intervenes very quickly... bad for the crown.. hehe..
The Judge is not interested in all the useless Kaka details.. which is basically what the crown is doing..
They are suppose to show I am guilty.. but they seem rather hopeless..
The first day was such a waste.. showing everything they seized.. stupid documents.. and the equipement...
Except we admit we own them.. IDIOTS..I want them back.. what did you think we would say...
We already agreed before the trial started that the seized goods were my property.. MORONS..
So you pissed off the Judge who ask you why are you wasting time... his time..
The brillant officer in charge of my case was such a bread winner.. we were finished with him in no time..
So what happens the crown seeks to delay until tommorrow.. because they don't know what to do..
NADA.. says the Judge.. case resumes at 2:15PM
Instead of going into useless waste of cross examination as the crown is use to.. and expecting.. we just want to get to heart of the matter.. and with this Judge.. thats best thing thing because he is not interested in kaka nothing..
They charged me with some goods that I do not owned.. 21 dishes and LNB's.. that were in a warehouse we use for storing.. they belong to another dealer..
So they bring in the warehouse manager who had a memory loss and couldn't remember where we stored our goods.. but he remembered loading our goods into a Hertz truck the day we we raided..
I was not there when the Royal Farcets came to my office.. so I took the liberty of making a few calls before I got to the office
Anyway the warehouse manager did remember that there was someone else that stored Satellite equipement that was on the side of the warehouse that our goods did not belong... of course he remembered when we brought it to his attention.. the warehouse manager decided to try to coverup for the other dealer who is a personal friend of mine... in fact the other dealer knows all about it.. probably call him ( warehouse manager ) after I told him it was going to come up in trial.
So now the crown is going to call the owner of the warehouse who is a bigger liar than his employee.. but it really doesn't matter to us.. just more waste of time by the crown..
The satellite dealer who pleaded guilty only help my case.. you DUMB farts.. I said it wouldn't work..
This dealer said we never supplied or offered pirate cards which is the truth.
Anyway I knew that this dealer had VC2 + modules seized.. and then returned.. hehe..
Those modules can ONLY be used to decode US signals.. the same as all my DSS..
They didn't take one of his C-band dishes during his raid either only the DSS..
Well did my lawyers have a field day on that one with the Industry Canada Moronic Expert..
It seems the crown said they did not find the BIG dishes.. the dealer only had about 10 of them..pretty hard to find during a search warrant..
The Industry Canada Moronic Expert on radio comunications for some unexplain reason didn't know much about C-band.. he is only an Expert on DSS
He said the big dishes were only for commercial education installments.. Haha..
Now the Judge is really pissed off.. says at the Greek restaurant he goes to they have a big dish showing sports..
The Judge cross examined the Indusry Canada Moronic Expert into a corner which had no escape.. yes we had big smiles.. now I had three lawyers
I always wanted to bring this out in court.. they only seize DSS because its competition.. they don't give a rats ass about C-band that receives the identical US encrypted signals..
I think we demonstrated that this is about Financial interests..
The crown said they were going to investigate why this has happen.. Ya sure.. you got caught.. big time.. hehe..
The crown is completely caught off guard... and don't know what to do..
The expert only pissed off the Judge who is no nonsense.. you see they try to lie.. cover up.. and with this Judge the more they did.. the more we smiled..
The technical compliance kaka about DOC.. CSA.. Industry Canada. stickers that the DSS doesn't have didn't go over to well with this Judge either.. my lawyers ask what relevence this had.. the Moronic tried to explain.. anyway the Judge ask if he bought someting in France and brought it into Canada without the label was it a crime..
Well the kaka about it being illegal because it had no stickers went over very big.... hehe.
We had the Moronic state he was an expert on telephones also fot the record.. because all DSS has modems that are suppose to be DOC approved for Canada..
We had bought three different phones in a huge chain that were not DOC approved.. no Industrie Canada stickers and no approvals for Canada..
We were going to have this person testify that he bought these phones yesterday and show them to the Judge and the Moroic expert.. but we blew it off.. the judge didn't give a ----..
Then they had a Jerk from the CRTC.. the Judge even warned the crown about the line of questioning.. the crown said they had to show that the only two licensed DTH companies were the Pukes and the Jerks..
But the judge said we already know that and the defence is not contesting it.. they had to show the licenses that they got..
Well this Judge does not like to waste time.. so the crown just pisses him off..
And we just attacked the CRTC on C-band.. which of course this expert didn't take a course on C-band..
He handed a list of the available channels approved by the CRTC.. and honestly I thought the Judge was going to Puke
Then NDS expert confirmed that 6 F cards were modified that they found out of ten.. he also testified that the F datastream was shut down around June 97.. but they seized these cards in Nov 98..
And the cards were in an envelope as they were sent to us to be exchanged to H cards as part of an exchange program.. but the program ended and we forgot about these cards and so did the dealer who sent them to us as they were useless..
We asked the Royal Farcet if he had check with Canada Post when they were sent out as the envbelope still had a stamped postal circle on it that was not legible.. he said no.. so we ask him to go check.. objection by the crown.. the Royal Farcets do not have the time to do this..
Well the burden of proof is on the crown.. so the Judge explain that and told the Royal Farcet to find out.. no answer yet..
We receive them in early 98.. after the F datastream was no longer in existance.. and the NDS expert testified that they ( F ) cards could not be modified to receive anything after June 97..
No response from the Royal Farcet.. and that ends any card issues.. besides the crown said I was not charged with signal theft.. just had to show the state of the 6 cards..
Also confirmed no pirate software found on any computer and no programmers.. which the expert said is needed..
So as expected my case is Grey market only that they now call black.. except they never tried a grey case in court.. and do they seem lost..
So I have the owner of the warehouse to testify about the 21 boxes of dishes that don't belong to me.. he will lie.. but it doesn't matter anyway.. I am either innocent or guilty..
So their last big witness is Starjerk.. and we have a few questions for him.. don't think his testimony will matter much anyway...
Now we have subpeoned some witnesses that will be a rather big surprise.. one got the notice today.. already called.. the other probably got it also.
TTRK PLEASE DO NOT EVEN HINT.. PLEASE.. BOTH MR A & J BOTH SAY PLEASE...
However you can let the bag out PLEASE only when they have testified..
They will no doubt be a bit of a surprise.. I am sure the Crown will be very pleased
This case will come down to the Judges interpretation of the bull---- act.. he was given a stack to read.. he is a smart Judge.. and its the only thing that scares me a bit.. he should see it our way.. but you just never know..
The crown has not in my opinion showed any evidence of me being guilty and they are forgetting what is important THE LAW..
So they can continue with their Kaka.. while we are educating the Judge on the proper interpretation..
We do have the charter as an arguement if we were to lose.. the Judge has agreed.. we have not made a charter motion.. but will introduce a charter arguement only if needed..only if we lose.. we can fall back on it.. as it will then have to be determine if the bull---- act infringes on the charter..
My lawyers are in sync.. and I don't think they ( crown)have encountered this type of oppostion yet.. MR A.. seems to give the crown a scare everytime he stands up to speak..
Mr J is doing great also..
GS2
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The Winger
Member
Posts: 124
Registered: Oct 1999 posted May 05, 2000 09:23 PM « «
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Good to hear, good luck! I just want to pass off a little side note, Recently on a talk radio show here in Calgary, There was an ex Rcmp on who now works for some entertainment industry group fighting Dss in Canada. I can't recall his name but you or the King might know of him. Anyways, I got in and asked this guy if he knew how many of his buddy's on the force had a dtv system, and if he was going to start removing their systems first. Well he was flabbergasted, he didn't know how to answer that question, so the Talk show host pressed on and he admitted that he knew of excolleagues who had these systems, but he didn't know for sure how many. He said it was irrellevant. Well that got the Talk show host going, I am sure that if that guy could have gotten ahold of me there would have been pepper spray all over the place!! Felt good to make him squirm.
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 05, 2000 10:42 PM « «
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Hi The Winger,
Thats GREAT. I LOVE to hear, see or just KNOW of those -------s squirming.
Bye the way GS2,
Every time Mr. Alan Gold got up to talk the CROWN looked like this
I have NEVER seen a woman with a longer frown that this CROWN except that since Alan Gold has been there its TWICE as long
Boy is she stunned!!
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org
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M_DeRuKe
Member
Posts: 622
Registered: Sep 199
This is excellent! After stall tactics they're finally realizing they don't have a case. I hope McKenzie et al is freaking out right now... realizing most of his business can't win!
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North Sat
Member
Posts: 192
Registered: Mar 2000 posted May 06, 2000 01:13 PM « «
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Hey winger, was that ex-RCM(tv)P happened to be named something along the lines of David Struck? Sounds like it may be, since he WAS an RCM(tv)P from Winnipeg here, who retired from the force to work for N D S an DirTV...also happens to be same 'member' who illegally seized 35 systems from me in 1997, moments after his employer (the Government of Canada) took my money and cleared the goods for entry to Canada.
He testified that these systems are such a problem that he had to run to the border without even so much as thinking about a search warrant, in order to seize them, yet we heard testimony that his fellow 'member' Stephen J Caldwell conducted an interview of a former customer of ours, and saw that the guy had a DSS system in his living room, fully operational, yet he didn't even warn him it might be illegal, let alone seize it with or without a warrant.
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The Winger
Member
Posts: 124
Registered: Oct 1999 posted May 06, 2000 08:40 PM « «
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Well I can't remember his name, I wish I could. All I remember is his rambling on about how it was costing the Industry money because we were watching movies that the canadian distributors were not being paid for. The scary part is I think the guy actually believed what he was saying, Besides the fact that he had probably been to a buddy's house to watch free wrestling the weekend before.
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M_DeRuKe
Member
Posts: 622
Registered: Sep 1999 posted May 08, 2000 12:54 AM « «
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If it's important the radio station will have transcripts or tapes... might ask for $5.
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gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 08, 2000 10:43 AM « «
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Canadian distributer have been stealing signals forever..
Ted rodgers was known as the biggest Pirate.
My lawyer brought that in very quickly in court and the crown was so stupid they forgot to object.
But the judge had it stricken from the records.
GS2
[This message has been edited by gunsmoke2 (GS2) (edited May 08, 2000).]
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gunsmoke2 (GS2)
Administrator
Posts: 2322
Registered: Aug 1999 posted May 08, 2000 05:33 PM « «
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New update...
The crown has finished their case and their two remaining witnesses will only be called if a Charter arguement is necessary..
This was an option that the judge presented to them and they decided to take it..
So the Starchoice lawyer will not be testifying tommorrow and most likely never..
So what does that mean...
We start our case tommorrow morning..
We have supeoned two witnesses..
One in the morning.. one in the afternoon..
I will tell only this for now and make a full report tommorrow nite.. or TTRK if he is there..
They are both Canadian broadcasters.. broadcasting on Canadian cable.. and Expresspuke.. Starjerks..
They run DSS on their premises currently both with programming to DTV..
One has RCA equipement..the other Sony equipement..
Both have dialers manufactered by my company.
Both have fake US adddresses
The one in the afternoon.. is the biggie..
It is a Crown Corporation..
Which means they are owned by the Government.
I think this will be somewhat embarrassing.
TTRK Please no names until they have testified ( Thanks )
I will not be testifying as my lawyers now feel it is not necessary..
We could start closing arguements tommorrow afternoon.. next will be the Crowns closing arguements..
So we might finish on Thursday ( next day reserved in court ).. if not then one day next week..
Leaving now.. off to the hotel as the courtroom is so far away..
GS2
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Redemption
Moderator
Posts: 375
Registered: Sep 1999 posted May 08, 2000 07:03 PM « «
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Where is Gss2's hearings taking place and is it open to public? Might take me a trip there
Thanks
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Grasshopper
Member
Posts: 311
Registered: Jan 2000 posted May 08, 2000 07:21 PM « «
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Redemption,
Check out TTRKs' first post in this thread.
Thought I saw a post in one of these GS2 threads that was more specific.
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Ghopper
[This message has been edited by Grasshopper (edited May 08, 2000).]
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Jeet
Member
Posts: 24
Registered: Sep 1999 posted May 08, 2000 09:27 PM « «
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Just some Law 101 for people.
Court cases are open to the general public to attend, even civil cases.
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DR7
Administrator
Posts: 1272
Registered: Aug 1999 posted May 09, 2000 01:51 AM « «
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Best of luck to a True Canadian Hero...GS2 , keep up the fight and I wish you the best of luck in changing the way things are in Canada because as always I'LL WATCH WHATEVER THE HELL I PLEASE IN THE PRIVACY OF MY OWN HOME!!!!:P
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M_DeRuKe
Member
Posts: 622
Registered: Sep 1999 posted May 09, 2000 02:11 AM « «
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oh now thats a good suprise
I think the Crown should be called the Clowns.
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To The REAL King
Member
Posts: 973
Registered: Aug 1999 posted May 09, 2000 02:17 AM « «
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Hi Guys,
The court case is in Longeuil Quebec, about 1 1/2 hours from my home in Hudson area or 3/4 of an hour (at rush hour) south of Montreal. Its very hard to find and I arrived a half hour late the first day.
I am glad to hear that GS2? lawyers feel he doesn? need to testify as this means its virtually in the bag. I think they will revisit that question after the last witness has testified however as GS2 would make a good witness if needed. When the crown has really proved nothing however it becomes really unnecessary.
As MR. Gibson is a lawyer and a rep of StarChoice and as they cannot prove any loss, (they do have a civil right of action possibly) the judges decision not to have him (Gibson) testify unless the 2B charter argument is used CLEARLY shows where the judge is going.
You see the 2B argument would ONLY be called into issue if GS2 was to be found guilty. Then the Judge would have to decide if the RC Act infringed his rights under the charter section 2B (Freedom of Expression) BUT if he is found ?ot guilty?OR if the Judge rules ?t is NOT an offence?(the more likely ruling in MY opinion) then his 2B rights have NOT been infringed. In fact it means that ?he Actions of GS2 (and everyone selling Grey Market) do NOT constitute an offence under the RC ACT.
In fact (as the act does not differentiate between Black and Grey) this MOST LIKELY means that ONLY someone who is STEALING a signal of an Authorized Distributor in Canada (such as ExpressVu and Star Choice for Satellite) is guilty of an RC Act offence, which is obviously correct and is what the law is there to protect against. Receiving programming from an International broadcaster such as an American company who are NOT authorized in Canada, whether you pay or NOT, is unlikely to be an offence under the Act.
I certainly do hope its over on Thursday as I am tired of travelling
I hope we get a ruling FROM THE BENCH followed by a written ruling which specifically says why. The Judge probably knows the Crown will Appeal this decision so the stronger the ruling is justified as to WHY, the less the grounds for appeal. The Crown can really only appeal on the LAW and NOT on the facts presented. They would have to allege that the Judge made an ?rror in law?
This is why I believe he may rule it ?ot an offence known to law?as this has been ruled in two previous black market cases in Canada. As those were NOT appealed by the crown (one was but the appeal was later dropped because the ruling was SO STRONG) this CERTAINLY would not be overturned in a ?rey market case?where the ?ppearance of right?or the ?orality of it versus the legality of it?is clearly much more in our favor.
While some may take objection with the moral issue of receiving a signal without paying, this WILL NOT be an issue in THIS case and is really not a true issue in any case. Canadians MUST follow the law regardless of the Moral issues, one way or the other. There is a moral issue with their broadcasting in Canada which is disallowed by law (try to get a signal that is NOT broadcast here) but that does NOT change the law and legal issues.
It therefore becomes the first case in Quebec & Ontario to be subject to the crowns appeal (they have 30 days) yet one of the most difficult ever to overturn.
I don? want to jump to any conclusions because its never over in law till the fat lady sings but I just wanted you to have some idea of what can happen, or should I say what I hope happens
To freedom of CHOICE in Canada and DOWN with the improper stance of our undemocratic Government!!!
Thanks,
To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org 9 ?arseurl=yes