August 23, 1996 – Review of Appeal Decision

Review – Appeal August 23, 1996 Decision – Part II

Having reviewed the decision of the Appeal Court with our new lawyer Julian Falconer, and being advised that our appeal was heard in a court without jurisdiction, it was decided to proceed to Leave to Appeal the decision of the Divisional Court.

We immediately continued to investigate this unfair process and the mysterious loss of our transcripts.

See letter of July 13, 1999 appealing to the Honorable Patrick Le Sage, Chief Justice of Ontario to intervene in this questionable Court process.

By letter dated July 16, 1999, a request was made to O.P.P. Inspector Normal Denchert to investigate the loss of our transcripts by the Courts.  
(See letter opp 1)

On July 21, 1999, Gary Nichols reviewed the file #D799/96 and records at Divisional Court Hamilton, and directed another letter to OPP Inspector Denchert with further information.  (see letter opp 2)

In respect to the fact that Commissioner Boniface was aware of the request to investigate, and it was confirmed by Inspector Denchert that there was no investigation or final report, this would seem to also confirm that there was no direction from the Commissioner to investigate.  The obvious reasonfor that is that no on really wanted any information revealed as to what happened to these transcripts or if, in fact, the Justices did receive them.  So the conspired “cover up” continued, as the case made its way through the Justice system.

Equality before the Law?  No selective Justice before the Law, resulting in no justice at all.

Next:  Review of Leave to Appeal by Justices Finlayson, Weiler and O’Connor, JJA, dismissal without reasons, and again without reference to the sworn evidence of the transcripts from the trial before Justice Carvarzan.

Go back.

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