When the dust settles for Aurora et al, my next step is to sue for the abuse at the hands of the Deputy Crown, David Moull and Prosecutor Greg Elder. Together they keep me hopping on 7 arrests and 24 charges from 2017 to 2020. They spent hundreds of thousands of dollars to silence me talking about fraud and incompetence and misfeasance by the Mayor’s (2), Council and staff of Aurora, Ontario.
My crimes: Emails. Blogging. Communicating.
7 times they accepted every charge from York Regional Police, despite the complaint being brought by the same ladies. Even when two of them, one being Jaclyn, FAILED on every arrest to come up with one charge that even saw inside a court room.
When on March 3, Det. Sgt Bentham was running out of ideas to arrest me for recording her in secret, she called Greg Elder and he provided 5 MORE charges she had missed. I was jailed for 5 days, they claimed there was no time to get before a justice. Lindsay computer records showed this as my SECOND visit… when I had heart troubles on one arrest and spent a weekend in cardio… Elder fudged the computer to show me as sent to Lindsay. He sent my effects there, coat, computer, wallet. I had to drive and retrieve it myself. Then, at the hospital, 2 cops paid $50 an hour each tell my son they would arrest him if he did not stop trying to see if I was alive. A long story.
Oh, and then I lay in Emergency for 26 hours after my arrest before my counsel was permitted to talk to me. The Crown claims they did a remote “arraignment” session with me and the court while I lay in chains. I had not. My rights were simply destroyed by police and Crown Elder.
The “go to” charge was most often a breach of a recognizance. Aurora wanted me silenced, so Mayor Dawe used his influence and staff and had police shut me off in my blog. On one arrest, I was banned from POSSESSING any device capable of communication. FULL STOP. Not just “no internet”… NO POSSESSION of an iPad or iPhone???
So, my criminal act was keyboarding… the names of women who managed to get me arrested 7 times on 22 false charges. Just their names.
Heck, one day I blogged a tiny photo of the front page of my lawsuit against these same women. Police found a HUGE monitor, blew up the photo to show the names and I was arrested. Elder wangled the case to go before J. Rose. J. Rose then went that night and read my blog. He found me guilty, ordered my blood taken, and let 3 woman read “Victim Impact Statements (VIS)”, telling me to NOT look them in the eyes while they read them. One lawyer in her statement blamed me for helping kill her mother, the same one who had police investigate me for breaking into her home and killing her dog, repairing the B’n’E damage and evading 2 security cameras… and she was one her way to Florida!
Anyway, J. Rose had failed on the most BASIC need for proof on a criminal case… mens rea, He afield to notice Elder NEVER once showed port that I KNEW that Tony picture was a breach and I did it anyway, He had no arrest interview to go on. No admissions. He had nothing about my state of mind so the appeal overturned J. Rose. They still had my blood. AND THEN, Crown Elder did not remove the names of complainants fro my recognizances in place THEN or in the future. The 3 names became rubber stamped everywhere, down to the commas and periods. That is improper and the justices involved were deceived. Elder was misfeasant to harm me with improper recognizances for the NEXT blog arrest.
Luckily for me, the ladies’ VISs were so full of lies they can be used in my suit for perjury evidence. They wrote and read out the same old litany of lies and their statements vary from sworn testimony at my trial. There are so many different places these folks swore to tell the truth and all I have to do is find the discrepancies where they testified in two different, opposing manners. Then, their commercial liability insurance becomes void and they have to pay back “defence to date” costs by Painter et al personally. I hope they get credit for the money I paid Painter in costs,
Back to the Crown…THEN… Crown Greg Elder added to the excitement by creating a 72 word, “boilerplate” recognizance forbidding me from blogging about the same women, even those who had NO accusations in process. He was ordered by Senior Regional Justice Fuerst AND Justice Dawe to stop that illegal act and remove names of those whose charges have been proven to be false.
Elder not only continued, when 3 lawyers, Painter, Stork and Solomon made up 4 different stories to get me arrested March 4, 2020… well Elder included the boilerplate he has twice been told to correct.
Then, the Crown manipulated the paper file to appear to a justice that it was out of control, so on every appearance the justice would either make a mistake caused by the miss-sequencing, or they would refuse my motion until the file was cleaned up. It NEVER got cleaned up. I have the transcript before J. Kenkel wherein I tell them I have a one page chart showing they mixed together indictable and summary charges, and both HE and DAVID MOULL refused to accept a copy.
I was denied pre-trial conferences to pass over my defence evidence. They refused to accept ANY evidence from me. Moull had a “local practice” to deny self represented persons t meet with ANY Crown outside a court room. The Atty General documents clearly that it is MORE important for self reps to have pre-trial conferences so the Crown can help then understand the court room process. That was denied by Moull.
Here… https://www.canlii.org/en/on/oncj/doc/2018/2018oncj827/2018oncj827.html?autocompleteStr=lepp&autocompletePos=15 is J. Kenkel in writing refusing my request for a pre-trial meeting…
[2] On November 20th an unsigned letter was received by the court on Mr. Lepp’s letterhead. The letter lists several objections to the pre-trial process – that no form was filed in advance and that the officer-in-charge was present. The letter also restates Mr. Lepp’s position with regard to the alleged offences. Mr. Lepp requests an exchange of pre-trial forms and a further judicial pre-trial meeting.
[3] Where an accused is UNREPRESENTED it’s appropriate to dispense with the filing of pre-trial forms. Both parties arrived at the scheduled pre-trial meeting well prepared. Mr. Lepp was able to set out his view of the charges, discuss disclosure issues and participate in the estimate of trial time. The pre-trial conference was conducted in open court on the record. The presence of the officer-in-charge was of assistance when discussing disclosure issues. There’s no need to repeat the pre-trial process and no reason trial dates cannot be set today. I’m available to manage the case if and when required to ensure that the matter is ready to proceed as scheduled.
https://www.canlii.org/en/on/oncj/doc/2018/2018oncj827/2018oncj827.html?autocompleteStr=lepp&autocompletePos=15
Mr. Lepp requests an exchange of pre-trial forms and a further judicial pre-trial meeting.
“UNREPRESENTED”???
J. Kenkel sees me as Unrepresented and not “self represented.” That says it all. He heard my words as silence. He refused every request to simply follow the Attorney General manual’s advice. Not once did he believe me when I showed how the paper file had been manipulated. He could not read it o court and he is in my transcript saying he cannot understand it. Everything as mixed up to confuse the overworked judiciary. Elder knew they had no time to sort out the mess so he knew I would be dragged slowly through the courts as long as possible. Again, he wanted me silenced by the improperly manipulated recognizances. He did not need convictions.
If you analyzed every arrest in York Region ending up in Newmarket court, you find half are false or pleaded out before seeing a court room. Of the second half, just half of THEM are found guilty, So they have a 25% success rate. But Newmarket uses BREACHES of absurd recognizances to log “SUCCESS” on any case when the real charge was dismissed or withdrawn.
Newmarket abuses the recognizance law to show success where none existed. If I am charged with murder, breach my recognizance, then agree to plead guilty to it, they drop murder. BUT, they show the disposition as SUCCESS anyway. Compare alleged success rates at Newmarket to any other court.
The Attorney General had things changed to de-emphasize breaches because they were consuming SO MUCH TIME for no big reason, Newmarket REFUSED to adopt the new protocol because it generates so much money. ANY criminal charge costs about $15,000 FIXED fee. All lawyers quote this amount as “FLAT RATED” and they do everything needed for one price to get you off or found guilty. So, each time that lawyer can plead out a breach as a peace bond, he makes $14,599 for no work. He has lots of money to spend on his partnership, or promotion, dinners, golf, or whatever.
The crime rate is falling, so WHY is the court so busy in Newmarket?? YRP and the Crown generate breaches in massive quantities to keep lawyers rich. A simple breach charge should NOT cost $15,000. I tried, but everyone I called had the same fixed rate.
The Crown illegally cancelled and re-issued MIXED charges from multiple arrests together so my trial had one charge which was INDICTABLE was in my June 2019 trial. J. Harpur HIMSELF found it finally. The trial should have been declared a mistrial, but J. Harper refused. Even though more “serious” evidence was presented to him, he claimed to be able to ignore it. He could not.
So, this page will grow as I find case law of people suing the AG for “Misfeasance in Public Office”.
Example: I was denied pre-trial meetings with a Crown Prosecutor. In ALL of my arrests, I was forbidden to provide hard and soft copies of my defence. When I would appear before a justice, there was nothing in my file from me. And Crowns simply told justices I had not offered a defence yet.
I can sue for that. Misfeasance covers the case where the Crown had an obligation in the AG Manual they possessed to meet me pre-trial, out of court, and hear my side. By failing to give me this, meetings, 7 of them, Moull and Elder are Misfeasant in Public Office.
They targeted me as a person to be shut up. They KNEW that would harm me by being forced through the expensive criminal trial process. So they did. But now, I have a very strong case for misfeasance
Following, I will document the case law.
Stand by