Crown Attorney Mr. Sean Husband and Mr. Daniel Brandes Break the law:
1. After Hon. Madam Justice Leslie Chapin issued a bench warrant for my arrest, I was arrested and kept in prison. Next day, on Jan, 20th, 2020, Crown Attorney Mr. Sean Husband vehemently argued that I should not be released from prison unless I signed a bail condition that I will not henceforth record my hearing. Another lawyer who was present in the court that day, who was shocked, told the Justice of Peace, Mr. Pearson A. Quamina, that I had the right to record. Mr. Sean Husband agreed that recording was permitted, however not for the reason that I wanted to record. I asked him “for what reason”, he did not reply neither did he volunteer to mention any reason.
2. I asked him for his name several times, he did not reply. I asked the Justice of the Peace, for the Crown’s name; he did not reply. If Mr. Sean Husband is so honest and acting by the book, why was he afraid of telling me his name? He argued in court that if I did not stop recording my own hearing, then it meant that I failed to appear in court and would be arrested for failing to appear in court with additional charges of failing to appear in court added to it. He said that I should not be released unless I signed the bail condition that I will not record my hearings.
3. I refused to agree to that condition. Justice Quamina sent me back to prison. They again called me in the evening and asked me whether I had changed my mind? I told them no. They told me that it would be a contested bail hearing the next day. Mr. Sean Husband will challenge it. They again sent me to prison for the night. When I went to prison, the guards there were surprised, for a car accident, they sent you to prison, they asked me? Meanwhile I enquired what the procedure was, if bail was denied.
4. In India, if bail is denied by the trial court, then you can appeal the order in the High Court in the next two to three days. There is no such thing as getting transcripts, factum, book of authorities, book of appeals, none of these. How do you expect a man who is in prison to prepare all of these? The logic behind this is, no innocent man should be in prison. Just an application is sufficient. If it is found that the bail hearing judge had deliberately wrongly denied you bail, then the judge will be sent to prison for at least ten years. If bail is denied by the high court, then the Supreme Court of India will hear your prayer within ten to fifteen days, that depends on how busy the court is or whether some vacation or holidays are there.
5. Then only I came to know, that in Canada where they boast of having the best judicial system in the world, a bail review hearing will be heard only after four months, that is the waiting period to get a motion date, provided some new evidence is there or there was a procedural error. They need transcripts, factum with five different headings (when you go to court, you will find that the Judges come there without reading any of this), application record, book of authorities, all bound with different color coding’s. They believe in the infallibility of Judges. How stupid, how do you expect a person who is in prison to prepare all of this? Why should any innocent man be in prison.
6. I thought about it, If I stayed in prison, I would lose my house, my university certificates, everything. I agreed to sign the bail condition.
7. The next day afternoon, they called me and asked me whether I was agreeable to sign the bail condition that I will not record my hearing. I agreed. Mr. Sean Husband was the Crown Attorney.
8. I signed the bail condition came out, I went to the Crown office and asked his name, they deliberately lied to me that his name was “Brandes”. Later I came to know that Crown Attorney Mr. Daniel Brandes, who specializes in illegally arresting and keeping people in prison, was also present in court, ready to help Mr. Sean Husband. In any other civilized country, both of them including the Judge would be in prison.
9. After release I tried to challenge my bail conditions in the Superior Court. Same problem, the court staff will not accept my bail review application. I wrote to several people about this, after almost a delay of eight months, it was accepted and on the 23rd of October, 2020, I had a hearing at the Superior Court by telephone conference when I asked the presiding Judge Hon. Mr. Justice Andras Schreck as to whom I had to complain to if the Crown and Superior Court staff refused to accept appeals? Instead of telling me that it was impossible, such a thing cannot happen in Canada, he will immediately order an investigation into it, have those responsible charged, sent to jail, he brushed it aside telling me that you eventually managed to come here. This is like bank robbers when caught saying that since the money has been recovered, no crime has been committed. I told him that this was not the first time, I have earlier appealed on the 2nd of August 2019 more than a year ago and that application is yet to be heard. He told me that he did not know whom I should complain to.
10. I asked him whether he will find out and inform me at the next hearing, he said that he will not do it. If you check his name in google, you will find the media celebrating him as a champion of human rights.
Continued under the heading Hon. Mr. Justice Andres Schreck.