Thursday, March 24, 2005

David versus Golliath - Round Three Report

Connie Baran-Gerez will argue the "officially enduced error defense to Honorable Justice Milanetti on April 14.2005 at the Brantford Court house.

Suspense and riveting drama in the Case of Adam Stelmaszniski versus Revenue Canada

I was in court today and witnessed the proceedings with others in the case of Adam Stelmaszniski versus Revenue Canada. It was nip and tuck in the beginning – the judge appeared to be out for blood or sentencing. However, Adams new lawyer stood her ground –with intelligence, poise, and a real apparent presence with legal teeth based on precedent. The outcome, after a delay of ¾ hours, were the judge obviously conferred with a higher power, is that the proceeding on the “officially induced error submission” will be heard on April 14 and sentencing (if required) will be on May 9. There was a distinct change in the judge’s attitude after she came back from the “10 minute” recess.

It very much looks like it is Adam’s turn to put Revenue Canada and indirectly the Judge on trial. Either way – it will, if needed go to appeal, with what appears to be very good grounds for dismissal. This is not based on hope but facts, precedents and legal resources that appear to be weighted in Adams favour. The David versus Goliath drama continues charged with lots of adrenalin and suspense – maybe for once justice will truly be fairly served. I will keep you posted.

"Beyond that, the trial skirmish today, produced only questions: Who is accountable? Who ran the conspiracy of officially induced error? Was it ineptitude, indifference or poor quality leadership that led to such a flawed investigation? Should the case -- as frail, damaged and incomplete as the parts of the new information show and that the prosecution failed to disclose -- have even gone to trial? Above all, what happens now? "

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