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Results: Mr. Grabavac admitted in court that he had personally reviewed the courthouse closed-circuit camera video of the incident. Consequently, I demanded that the Crown produce this video pursuant to its disclosure obligations. Predictably, Mr. Grabavac refused, prompting me to file an application with the Judge for an order compelling its release.
It is imperative to understand that disclosure is a fundamental right during both sentencing and the appeal process. I should have been provided with this video as a matter of Constitutional right. The video in question is highly incriminating, and Mr. Grabavac is fully aware of this. The footage shows a sheriff clotheslining me as I attempted to enter courtroom 100 at the Kelowna courthouse, causing me to stumble backwards. This unprovoked assault occurred without any prior warning, and it infringed upon my Constitutional right to access courtrooms, a right upheld by courts across the country.
Following this incident, the courthouse modified its policies, allowing me and other accused individuals to have one person accompany them into the courtroom. This policy change implicitly acknowledges that the assault was wrongful and criminal. The Crown’s reluctance to have this video on the record is clear.
Judge Heinrichs entered the courtroom and, before I could present my case, stated that she had reviewed my application and arbitrarily decided to disregard the Crown’s submissions on this issue. She declared that, as a result, the video was not required and would not be produced, effectively covering up the incident.
Judge Heinrichs was aware that if the Crown’s arguments were accepted even for consideration, she would have to order the production of this video. Her decision to exclude it from the record was a deliberate attempt to avoid evidence that would favour my case. This is another example of keeping exculpatory evidence off the court record.
It is a fundamental principle that if evidence is not on the record, it cannot be considered. During the trial, Mr. Grabavac repeatedly asked witnesses to confirm that I was banned from entering the Interior Health building on August 11, alleging that I had caused a disturbance. This claim, made under oath by IH security manager Smith, was patently false. I have video footage from August 11, thankfully recorded by Leo, proving that at no time did I cause any disturbance.
Despite this, Judge Heinrichs permitted all of the Crown’s evidence but denied me the right to cross-examine on this issue and refused to allow me to submit the video as evidence to demonstrate that Smith’s suspension was arbitrary and baseless. It is a well-established principle of law that if an issue is raised in evidence, the opposing party has the right to cross-examine. This right was denied to me.
Now, Judge Heinrichs is once again denying me the opportunity to present evidence that contradicts the Crown’s narrative. This video would have clearly shown the ongoing assaults and harassment I have endured from the Crown and government officials in our quest for freedom and in supporting others who have been falsely charged. The incident in courtroom 100 was related to Bruce’s appearance date. Fortunately, he was later found not guilty.
My final sentencing submissions are scheduled for June 13 at 9:30 a.m. The Judge is already attempting to limit my presentation to just one hour, despite an entire day being set aside. As an unrepresented defendant, I should be afforded more time than the Crown to present my submissions, not less.
This is yet another example of judicial overreach, activism and bias from the bench.
June 13, 2024 9:30 a.m.
Sentencing Hearing, Con’t
July 10, 2024 – Sentencing Decision 9:30 a.m.
Thank you for all your support and belief for freedom!!
Remember the Freedom Principle:
An attack against one is an attack against all.
An attack against all, is an attack against one.
Next Supreme Court Appeal Hearing Date:
July 22, 2024 — 10:00 a.m.
Notice of Conviction Appeal Hearing
This hearing date will be to set the agenda for the hearing of the appeal from the conviction of J. Heinrichs.
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City of Kelowna v David Lindsay et al
Petition to Stop Rallies
Next hearing date – The week of June 17, 2024
for hearing on my SLAPP (Strategic Lawsuit Against Public Participation) application to strike the City’s Petition against us. (See the B.C. Protection of Public Participation Act)
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19003
The schedulers will call us on the Friday before this week to confirm the exact dates at which time we will let everyone know as well.
Our documents in this case are located on our website at:
https://clearbc.org/david/
All City of Kelowna documents and pleadings are now placed on our website for public viewing: https://clearbc.org/city-of-kelowna/
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chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.jccf.ca/wp-content/uploads/2023/04/Digital-ID-Surveillance-and-the-Value-of-Privacy_Justice-Centre-for-Constitutional-Freedoms.pdf
Please remember other innocent people who have stood up for our rights and freedoms against our tyrannical governments during COVID-19 and to the present, who are now in the midst of their ongoing, oppressive trials:
Tamara Lich
Chris Barber
The Coutts prisoners: Anthony Olienick and Chris Carbert
Pat King
and many other real victims.
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https://www.bigpicturemovie.com/people-vs-david-collet-stephan
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For those who missed this incredible story, we will have discs available at our
June 8, Hwy 91 & Cooper Rally.
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https://www.manitobastrongertogether.ca/live-events
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