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Superior Court of Justice

Calvin Cumberland | 04.12.2002 22:34

Calvin Cumberland; Convicted of criminal libel

{{ without evidence }}, and sentenced to spend seven months incarcerated under house arrest.

Judge Platana said that there was no evidence.
Click on my site for the full story, and do not miss the letters from the Governmetn. The Justice Minister either lied or does not know his job.

On February 7 2001 I was sentenced to spend seven months effectively incarcerated, under house arrest, for defaming a Revenue Canada agent.

I was charged under section 300 of the Criminal Code of Canada, dealing with publishing known to be false. Throughout the entire case the Crown brought no evidence to prove that what was published was actually false.

At the preliminary hearing, the presiding judge did not require any evidence to be brought forth showing that what had been published was in fact false, and so he committed me to trial simply because, in his opinion, I had posted the information in question.

At the trial, {the trial judge}-PLATANA-;{told the jury}; that the Crown had brought {no evidence as to falsehood}.

In my closing statement to the jury I also reminded them that no evidence was entered, and I was innocent, but the jury convicted me anyway.

With what the judge said, surely he should not have left the matter with the jury in the first place.

In speaking to sentence, I requested that It be discharged, because no evidence had been brought to prove that a crime was committed. The judge knowing I was innocent then effectively put an innocent man in jail.

Is there no justice in Canada? Putting innocent people in jail is a criminal act! Ask the International Court of Justice at the Hague.

And now how should these guilty people ( police, prosecutes, jury's and judges ) be made to pay for their crimes?

Yours sincerely,

Calvin Cumberland {{Captain Chaos}}

Calvin Cumberland
Homepage: http://cumber-1.tripod.com

Comments

Hide the following 5 comments

Judge Platana

17.08.2003 01:41

Judge Platana Thunder Bay

Thunder Bay

I'm Bill.
Check my page. This is a picture of good Judge Platana.
I have been following the Cumberland saga, and it should be news!!!

Bill
Homepage: http://stine100.tripod.com

Judge Terrence Platana

17.08.2003 04:32

Do you think that juatice is in Canada????
Or are you part of the evil???????????????
Check my site

Me
Homepage: http://stine100.tripod.com

Vic Toews: Does he know his job?????

15.09.2003 23:19

Vic Toews Member of Parliament.
Canadian Alliance
I sent this to Vic Toews.

Email sent to Vic Toews: Justice Cridic

Hi Vic: Remember me; Calvin Cumberland.

We met at the BBQ in Thunder Bay a couple of weeks ago.

How are you making out?

Are you panning to do something about the injustice that I received?

After all; how much more wrong can you get than having a judge say that there is no evidence and then sentence an innocent person.

Please look the transcripts that I gave you and respond back to me to let me know your plans in this case.

The BBQ was great, and we hope to have you back again in the future.

Thanks Vic: Calvin Cumberland.

Reply From Vic Toews

From : "Vic Toews"

To : "Calvin Cumberland"

Subject : Re:

Date : Mon, 29 Jul 2002 18:50:34 -0500

Dear Calvin Cumberland, I certainly do remember you and enjoyed my visit to Thunder Bay as well as our specific discussion. I had a chance to review the material that you left with me. As a former lawyer I read the transcript with interest bearing in mind the concerns that you raised. On concluding my review it would appear to me that any remedy that you would have in this particular case is not a political one but a legal one that should be exercised by way of appeal to a higher court. You may wish to consider having a lawyer review all of the information, including the actual transcript of the witnesses' evidence to determine whether the evidence was sufficient to warrant the judge giving the directions he did to the jury and whether the judge properly directed the jury. While I did not agree with some points that the judge made in his direction to the jury, I do not have the current legal expertise to determine whether those points were sufficient to warrant an appeal court overturning the decision. For example, I noted that the judge made reference to some posters that were put up but without any evidence, circumstantial or otherwise, as to who put them up. That evidence appears to me to be irrelevant and possibly prejudicial to the trial. On the other hand there was reference to some other evidence that would have allowed a jury to consider whether you were responsible for putting up that information. Direct evidence of a fact is not necessary in Canadian law (or American law for that matter) in order for a judge to leave an issue to the determination of a jury. Circumstantial evidence allowing a jury to make certain inferences as to guilt or innocence can be sufficient. In any event, the issue is a legal one which is left to the jurisdiction of the courts, in this case most appropriately an appeal court for its consideration. I wish you all the best in your consideration of your legal options in this matter. Sincerely, Vic Toews, MP Provencher.
Check the site!!!!

Calvin Cumberland
Homepage: http://cumber-1.tripod.com/thedarkages2001/id21.html