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Zundel Watch - 'This Is Beyond Evil!'
From Ingrid Rimland
As I understand it, what has happened is, in essence, this: Judge Blais has ruled that Ernst Zundel is not entitled to find out and make known to the world via witness testimony who was behind his deportation, who is behind his brutal and inhuman incarceration without any criminal charges, how much CSIS knew about a parcel bomb sent to his residence in 1995 and why he wasn't warned, and what extraordinary efforts have been made for all of twenty years to deport him to Germany to silence him for good about his solid evidence that the beyammered "Holocaust" is nothing but a monumental fraud and lucrative extortion scheme.
The defence team has filed for leave to the Supreme Court of Canada, but Ernst predicts now - at least that's what he told me last night - that he will be given "the bum's rush" and, by yet another in-your-face, abusive ruling by Judge Blais, be simply arbitrarily declared a "terrorist" in mid-trial and sent to Germany BEFORE the Supreme Court will have a chance to hear the controversial case.
Then Canada will say, as the United States has said: "He's gone! What can we do? We have no jurisdiction over Germany!"
What it will also mean is that an ugly precedent will have been set that gives the judiciary dictatorial powers to do away with any inconvenient critic - with nobody any the wiser.
A few days ago, Ernst said to me: "This whole 'war on terror' is really a war against Israel's enemies. That state is not viable. It's over for them - and they know it. What you and I are caught up in are the death throes of the Old Liberal Order. It's messy to watch anything die, but something new and better will be born."
That's what the Canadian story is - one day before elections! Will the Marxists that have ruled and ruined Canada ever since the Sixties and Trudeau, finally get thrown out on their ears? The choice will be the voters'.
The Globe and Mail's Kirk Makin wrote up of the latest as clearly as he could in the current Canadian climate:
BREAKING NEWS UPDATED AT 1:11 AM EDT
Saturday, Jun 26, 2004
Zundel trial won't hear from judge
By KIRK MAKIN
From Saturday's Globe and Mail
An Ontario judge will not have to testify at a special deportation hearing where Holocaust denier Ernst Zundel has been branded a risk to national security, the presiding judge has ruled.
Mr. Justice Pierre Blais of the Federal Court of Canada concluded that in spite of Ontario Court Judge Lauren Marshall having acted as Mr. Zundel's lawyer 20 years ago, she can add little to his understanding of deportation proceedings.
"I do not need to be reminded of the perils of ex parte proceedings, nor to be told how to carry out my judicial duties," Judge Blais said.
He also quashed defence subpoenas requiring a journalist and two prominent Jewish community leaders to be questioned at the hearing. Judge Blais said they would add little of relevance.
Mr. Zundel's deportation was ordered under a rarely used security certificate, a process by which the Canadian Security Intelligence Service can provide information in secret sessions.
The Zundel defence team is not privy to the information, yet it must still convince Judge Blais that it is unreliable. Should Mr. Zundel fail, he will be deported to Germany to face a five-year prison term for the crime of denying the Holocaust.
Judge Blais's ruling brought an angry response from Peter Lindsay, Mr. Zundel's lawyer. "Is it justice to deny someone even a chance to question the intent or motive of politicians?" he asked in an interview. "Is it justice to allow secret evidence and deny the person against whom the secret evidence is being used even an opportunity to challenge it in any real way?"
Mr. Lindsay had been hoping the testimony would paint a picture of an unprecedented, 20-year campaign waged against his client by politicians, police and lobby groups.
"It is already difficult enough to represent someone in a trial where the key evidence is kept secret," he said. "Regrettably, Justice Blais's decision makes it even more difficult. The court has thus left Mr. Zundel powerless against the secret evidence and effectively denied him any meaningful hearing."
According to Mr. Lindsay, Judge Marshall initially agreed to recount the extraordinary lengths to which authorities went in 1985 to deport her former client. But on the day she was expected to testify, she sent a lawyer to quash the subpoena.
Judge Blais noted in his ruling that the onus is on the party who subpoenas a witness to show that he or she is likely to provide "material evidence."
Mr. Lindsay subpoenaed journalist Andrew Mitrovica in hopes of shaking the general credibility of CSIS. Mr. Mitrovica would have been questioned about a 1995 incident described in his book, Covert Entry, in which CSIS allegedly knew a pipe bomb was being sent to Mr. Zundel through the mail, yet failed to warn him.
Judge Blais said that to allow the subpoena would be to threaten press freedom.
"The benefits of having Mr. Mitrovica testify seem rather doubtful, as against certain harm to the freedom of the press," he said. "Compelling him to produce his notes and materials is unduly intrusive, and given the probative value that I could attach to such hearsay materials, I see no need to disturb the journalistic privilege that attaches to Mr. Mitrovica's evidence."
In quashing subpoenas against Keith Landy, president of the Canadian Jewish Congress, and Frank Dimant, executive vice-president of B'Nai Brith Canada, Judge Blais said it is no revelation that their organizations lobbied federal ministers to deport Mr. Zundel.
"The intent or motives of the ministers is of no interest to this court," he said. "The certification stands or falls on the strength of the evidence supporting it."
[END]
http://www.rense.com
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