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February 24, 2011 permalink
The court hearing of the Bayne case has been delayed to the end of the day, and will be heard then only if time is available.
THURSDAY-COURTROOM REPORT - Installment #1
It's 12:00 PM and we have a lunch break until 1:30 PM. When we return, the Judge has already told us that she will not revisit the Bayne case immediately, but if at the end of the day there is time then she will hear it.
Outside the courtroom is a list of the cases that Judge Arthur/Leung is hearing today. There may be 100 or more cases. There are expeditiously processed with very little time spent on each one. That is anticipated. The Bayne case was second or third on the list. We began close to 9:30 am. By “we' I mean at least 45 Bayne supporters all wearing black. The Judge, upon entering, could not have known we were all with Paul and Zabeth. She assumed we were there for one of the many cases scheduled during the morning hours. She expects as well that all these cases will simply move smoothly along without contest.
We were not in the court room very long. The Judge sent us out. That's right, sent Lawyer Doug Christie and the Baynes and all supporters out at around 9:55 am. This is the way it happened. A young confident lawyer introduced the Ministry case to the Judge, as well as Kim Tran, social worker who removed Josiah from Hospital. Doug Christie introduced himself and was permitted to speak to the matter. It became immediately clear to the Judge that he was contesting the facts that the case concerning Josiah was before a court in a different registry from the one where the prior case concerning the three siblings was heard, when in fact, the presenting reasons for this child's removal were the identical material heard by Judge Crabtree with regard to the three siblings.
Judge Arthur/Leung said she was not prepared to listen to this case if it was going to be contested because there were many cases to be dealt with today and her court room was packed and of course she didn't want all of these people having to wait to listen to the one Bayne case. So she dismissed us. The entire observer gallery stood and walked out. That was a bit of a surprise to the court I am sure. But also an indication of the public awareness and the network of support behind these parents. We all waited outside the court room.
At 11:30 AM we were permitted to come back inside. Doug Christie presented the Judge with a letter from Judge Crabtree that informed the court that Crabtree would deliver this coming Monday, his ruling concerning the three. In was a current matter soon to be settled. Christie pointed out that there was no new of different evidence presented in this new affidavit to justify taking the baby Josiah. He went through the Ministry affidavit paragraph by paragraph to emphasize that everything has already been heard by Judge Crabtree because all of it relates to the case concerning the three siblings, not this newborn child. He questioned how a Judge could be expected to rule upon such content when it was already heard and being deliberated upon by another Judge, and not just any judge but this judge's boss, the Chief Justice. Christie contested that in fact MCFD did not use a less intrusive means of protecting Josiah, which clearly would have been to leave him in hospital since his weight is 4 lbs. without an adequate immune system, but instead, Ministry has taken him outside in a car seat, placed him in a foster home where one of the other children has severe cold/flu symptoms. And why? Not for any justifiable reason that pertains to the parents with Josiah, but wholly because of MCFD's dealings with the parents concerning the other three children.
Okay, well back to the court house... stay tuned. I am not confident I will be happy with the outcome today.
Source: Ron Unruh blog
Addendum: The afternoon session set things over until March 3, which will not adjudicate the apprehension, but merely set the date for such a hearing. If judge Crabtree rules in favor of the Baynes next Monday February 28, the Josiah case may become moot.
THURSDAY-COURTROOM REPORT - Installment #2
Here is the Bottom Line.
With regard to the recent apprehension of their newborn son Josiah, Paul and Zabeth Bayne will be back in court on March 3rd.
No one said this would be easy. We know how long these legal tangles take to unravel. So we are going to know whether Josiah's three siblings are back with their mommy and daddy before we can do anything more for Josiah.
If you don't know anything about this case, quickly glance to your right and read the summary in that column.
Here is the deal. On Monday February 28th, perhaps by 9:00 AM or so, Judge Crabtree will have sent via fax, his ruling concerning Kent, Baden and Bethany, to both the Bayne legal counsel, Mr. Doug Christie, and to the MCFD legal counsel, Mr. Finn Jensen. As soon as this is sent to me you too will hear what that is.
Judge Arthur/Leung was determined not to hear a presentation as per a presentation hearing but she did grant Doug Christie some time to make his statements which I will later detail a bit more. She was there merely to process the order application to ratify the MCFD apprehension of baby Josiah. These matters usually are uncontested and take a couple of minutes. The Judge discerned quickly that Doug Christie was unwilling to allow this process which he believes to be an abuse, to proceed without Her Honour knowing his reasons. Fortunately she permitted him to speak. (More to come)
At the end of the afternoon, however, the Judge ruled that because of the baby's residential address, this is the Registry where this baby's case will be heard. She will not send it to another Registry. Further, at the March 3rd date, it will only be to set the date for a Presentation Hearing. This approach suggests this could be a prolonged waste of time and money once again. However, because of the insistence by Doug Christie that the rationale for seizing the baby was the identical explanation for the CCO (Continuing Care Order) concerning the other three children, and because Judge Crabtree has been listening to that and processing it for one year, and because he will deliver his ruling this coming Monday the 28th of February, Judge Arthur/Leung, probably through consultation with Judge Crabtree during breaks in the day, ruled that Crabtree will preside at the March 3rd date and further hear this case concerning Josiah.
It remains possible, even hopeful that Judge Crabtree in delivering his Monday ruling about the three children will speak to Josiah's seizure too. He could make it clear that in awarding the children back to Paul and Zabeth, he is discounting any merit to the MCFD allegations concerning the Baynes harming the children, or inability to protect and to care for the children, and therefore there is no foundation for any action concerning Josiah. That would be ideal.
More about today later, and more about the possibilities of Monday's ruling.
Source: Ron Unruh blog
Addendum: According to Ron Unruh, the decision by judge Crabtree in the primary Bayne case has been delayed again until Wednesday, March 2, mid-afternoon.
Source: Ron Unruh blog