Stand on Guard with David Krayden - September 09, 2023


Day 4, Gong Show, Prosecution Falling Apart on the Tamara Lich and Chris Barber Trial | SOG Take 5


Episode Stats

Length

12 minutes

Words per Minute

137.10706

Word Count

1,685

Sentence Count

92

Misogynist Sentences

1


Summary

Prosecution dropped thousands of documents, text messages, and social media material on the court today without disclosing it first to the defence. The defence was upset about this, and the judge said she was not impressed, and said this is not going to stand.


Transcript

00:00:00.000 All right, all right, our mom first, our mom came out first, we want to say the most beautiful, thank you, thank you for everything you did, thank you to put your life on the line for us, you're one of the greatest women I ever met in my life.
00:00:20.400 So we are in a very precarious position in this country, we need political change, but we also need to resolve to resist.
00:00:31.400 So it's David Creighton here outside the Ottawa Provincial Courthouse, we just had the fourth day of testimony in the Tamara Leach, Chris Barber trial, and believe me, some of the incidents today, some of the unfolding, had to be seen to be believed.
00:00:56.060 You have to wonder what the Crown Council is trying to achieve with some of these videos.
00:01:02.560 They were upbraided on numerous occasions by the judge for not being prepared, for doing things improperly, dumping documents that they did not share with the defense, and the video they aired this afternoon was bizarre, to say the least.
00:01:19.180 So I'm going to try to interview the lawyer for Tamara Leach momentarily, but we'll be back next week covering this story, covering this trial, because this is not just about the Freedom Convoy, it's not just about Tamara Leach and Chris Barber, it's about all of our freedom.
00:01:40.960 That's why I'm calling this the Freedom Trial.
00:01:43.840 Signing off for now.
00:01:44.840 Yes, welcome back to another Take 5, David Creighton, the Stand on Guard, and yes, I hope you enjoyed those clips that Tamara Leach was looking very confident, and very happy, and very positive, she has been that way since I first talked to her at the beginning of the trial, and I hope you enjoyed that stand-up, that was the end of the day, it was a long day, and I've got lots to tell you about.
00:02:10.380 It was a bizarre day, because the prosecution dropped thousands of documents, text messages, chats, all kinds of social media material, on the court today, without disclosing it first to the defense.
00:02:30.400 Now, naturally, the defense was upset about this, because they have a right, of course, to see what is going to be presented in court as evidence.
00:02:41.400 But not only was the defense upset, the judge was upset, and the judge said she was not impressed by this, and said this is not going to stand.
00:02:52.380 Consequently, consequently, the defense has to go through all of this stuff, all of these text messages, these chat messages, and examine and assess them.
00:03:06.220 Well, there's 212 pages of Facebook postings, there's excerpts from 4,000 pages of cell phone download,
00:03:24.380 there's, we're supposed to receive 135 chats, from the 4,000 pages of chats, it just goes on and on.
00:03:42.560 But there was an application also, there's some, like, elements that they have to work on over the weekend and send to you, not only in disclosure, but what are you expecting to do?
00:03:51.240 What you're, what you're referring to there is the Carter application, and this is, from time to time, this kind of application happens,
00:03:59.460 and it's basically an application to use that which one party said against the other, and that's a simple version of it,
00:04:09.300 but we need to know what is admitted, what is admissible by the court before we know whether it's going to be used or not against each of the accused persons.
00:04:21.240 At the very least, can you see this trial going beyond 16 days?
00:04:27.920 Can you see it not going?
00:04:29.960 You've heard the comments of the judge, she is, she is concerned that we don't have enough time to get this done, in the time frame that's been set.
00:04:37.240 So, I mean, that's, that's the judge's concern, and if it's her concern, it's our concern.
00:04:42.320 Three more days for this trial, but it could even be longer.
00:04:47.280 And once again, we go back to look at the expense, the time, and the energy that's going into the prosecution of two people who peacefully protested in Ottawa in late January, mid-February, 2022.
00:05:06.000 And you don't think this is anything about politics?
00:05:12.640 Do you think these people really committed crimes worthy of this?
00:05:16.580 There were no crimes committed.
00:05:18.640 You know, they've, they've been charged with ridiculous offenses, you know, inciting people to mischief, mischief, obstructing the police, on and on.
00:05:27.060 And the funny thing is, there's just no evidence for this.
00:05:32.700 And this is about their politics, exactly what the Crown suggested it wasn't about.
00:05:41.040 And this proves it again today.
00:05:43.420 They are just throwing things against the wall and hoping they, they stick.
00:05:48.720 And the judge, God bless her, Heather Perkins McVeigh, is not standing for this, saying, no, you come to court and you throw this stuff around, you come ill-prepared, you don't seem to know what you're doing, and no, it's not going to pass.
00:06:12.080 So I'm enthused, I'm exhorted by that, because it looks like we have a judge who's going to be fair, and is not going to be answering to politics, because that's all this trial is about.
00:06:29.020 It's all about politics, and trying to destroy two people who were part of the Freedom Convoy, so that nobody will try it again.
00:06:37.680 Again, stand up to the Trudeau government with this kind of effective protest, peaceful, but effective.
00:06:46.180 And Trudeau says, no, you're in the dustbin.
00:06:50.760 I think they're going to win this.
00:06:52.860 I think Tamara Leach and Chris Barber are going to win this.
00:06:56.080 I'm calling this the Freedom Trial, because it's not just about Leach and Barber.
00:07:00.280 It's not just about the Freedom Convoy in 2022.
00:07:02.920 It's about our freedom today.
00:07:05.040 It's about our freedom of expression, our freedom to protest.
00:07:09.540 And this is what this is all about.
00:07:12.720 Incredible.
00:07:13.660 As bad as things were in the morning for the prosecution, it even got worse in the afternoon.
00:07:18.900 They started showing videos, news conference videos, from the Freedom Convoy period.
00:07:24.060 And I swear, the prosecution did not even seem to have previewed their own videos.
00:07:33.680 Not only were they incredibly positive depictions of Leach and Barber, who were in the videos, but of the entire convoy.
00:07:42.400 Many times, it was clearly stated in these videos that this protest was to be nonviolent and was to continue to be nonviolent.
00:07:53.320 That they were not to get in the way to be obstacles to the police.
00:07:58.080 They were not to cause unrest.
00:08:01.020 It was not an occupation.
00:08:04.960 Clearly stated in a second video, everybody in the court heard of an iPhone or cell phone ringing loudly.
00:08:15.360 We all recognized the ringtone.
00:08:17.040 We looked around to see, was somebody in the courtroom leaving their phone on?
00:08:26.280 Because we were told by the judge to silence her phones or else phones might be confiscated because they cause a disturbance.
00:08:34.640 So everybody naturally looked around and said, oh, somebody left their phone on.
00:08:38.580 No, the phone sound, which was magnified by about 10 times, was coming from the video.
00:08:47.440 And it was so loud, it was overshadowing, overpowering everything else that was going on in the video.
00:08:56.600 Did the Crown Council even preview the video?
00:09:00.920 He didn't seem to know why that was there.
00:09:04.040 He didn't anticipate it coming.
00:09:05.520 He didn't turn the sound down.
00:09:06.840 He didn't seem to know why it was there.
00:09:08.580 He didn't seem to know how far he had to go in the video fast-forwarding to get beyond it.
00:09:13.940 He had no idea.
00:09:16.480 What kind of a gong show are they running here?
00:09:19.220 Some people are even suggesting this is self-sabotage on behalf of the prosecution.
00:09:26.740 Why?
00:09:27.760 God knows why.
00:09:28.880 Are they trying to get out of this because they know it looks ridiculous?
00:09:32.740 Canada looks not just authoritarian, but stupid on the world stage, but ridiculous on the world stage?
00:09:39.560 I don't know.
00:09:41.080 All I know is I've never seen a more inept prosecution.
00:09:45.500 I've never seen a prosecution more arrogant, thinking they can just do whatever they want in isolation.
00:09:52.860 I've never seen a prosecution so badly put together.
00:09:59.360 And if the trial resumes next week, I am going to keep covering this trial because I believe this could be a turning point in this country.
00:10:12.760 I believe Freedom Convoy is going to win, and I believe Freedom is going to win.
00:10:18.020 I'll have more to say about this next week.
00:10:20.460 Thank you so much for listening today.
00:10:22.780 Keep watching next week because we are going to be with this trial to the end.
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