Sheep-napping prelim adjourned til April 27th pending full disclosure of relevant documents by prosecution

From David E. Gumpert’s “The Complete Patient” blog:

Crown disclosure in this case, as of Feb 3, 2013 measured 14″. Photo Michael Schmidt.

“Add an additional piece of evidence to the list I provided in my previous blog post indicating desperation, and possible corruption, in the CFIA prosecution of Canadian farmers Michael Schmidt and Montana Jones.

In a 22-page letter presented today to the prosecutor’s office in the case, the defendants’ lawyer, Shawn Buckley, argues that the CFIA (Canadian Food Inspection Agency) deliberately withheld from the defense key evidence about which of the sheep showed signs of scrapie and the course of the testing for the serious farm animal disease….”

“Buckley states near the end of his letter: “My clients are now firmly of the belief that they are being railroaded into a conviction. Based on the disclosure over the last few days, I cannot fault them for this belief…I am forming the opinion that the Defense should seriously consider bringing an abuse of process application, although I will need the requested disclosure for this. Part of this application may include the assertion that if it is true that evidence was being withheld from the Defense, that setting the Defense up for what could only be described as a ‘pretend preliminary inquiry’ was itself abusive. Aside from now not being prepared for the preliminary inquiry scheduled to continue on Monday, I am firmly of the opinion that it would be inappropriate for it to continue when the preliminary inquiry itself may be abusive without further disclosure.”….”

Read the whole story on The Complete Patient blog.


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