sust-mar: Seeking Lawyer for Activist: Assaulted, Wrongly Accused

Date: Thu, 08 Jan 2004 14:41:02 -0500
To: sust-mar@chebucto.ns.ca
From: Aaron Koleszar <aaronk@isn.net>
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LEGAL REPRESENTATION REQUIRED IMMEDIATELY
URGENT: Seeking Lawyer for Activist: Assaulted, Wrongly Accused

PEI Orphan, injured worker, and wrongfully accused seeks legal 
representation from a competent lawyer or firm for multiple upcoming 
"criminal" cases and civil suits for police brutality and unlawful arrest, 
as well as sexual and physical abuse, forced confinement, starvation, and 
torture (Mount Herbert Orphanage).  Preferably with specialization in human 
rights and constitutional violations, as well as criminal and corporate 
law. Call 902.659.2575 or email <aaronk@isn.net>.  If email is used, please 
use a descriptive Subject line (such as "Blair Ross Legal Support")


*** Some Background ***

Social activist Blair Ross of Prince Edward Island is currently facing 
multiple trumped up criminal charges and is being railroaded through the 
court process with no legal representation and no ability to defend himself 
properly.  His constitutional rights have been repeatedly ignored and violated.
He NEEDS a lawyer.

Blair's reputation as an outspoken social activist and his refusal to 
cooperate with unlawful arrests has contributed to a significant bias 
against him by the police, courts, the media and much of the the 
public.  He has now been labeled as a wife abuser, despite much evidence to 
the contrary.

Blair was unlawfully arrested and assaulted in 2001 after a 64-day Hunger 
strike in front of the Provincial Legislature.  Trespassing charges were 
thrown out due to "no evidence."  He has since been arrested (and 
assaulted) multiple times on trumped up charges, with charges being 
dismissed, stayed or dropped on all but the more recent charges.

Blair was arrested on August 18, 2003 and imprisoned for 81 days (hunger 
striking for 78) before a Supreme Court Judge decided there was "no 
evidence" on which to hold him.  The case is based on circumstantial and 
fabricated evidence.  He had gone to his wife's place of employment to drop 
off a birthday card for her.  A police officer who was there investigating 
a complaint of alleged harassment decided to follow and arrest (and 
assault) him, removing him from a private residence without a warrant or 
evidence.  The claims of the crown could have been easily disproved by a 
competent lawyer, but unfortunately no defence was allowed (let alone a 
competent lawyer).

On Nov. 6, the day before he was released, trial Judge Nancy Orr set a 
trial date less than a month away.

This "trial" for trumped up charges of assault and harassment (of his wife) 
was held on December 4.  After Blair indicated that he was waiting for 
defence papers and was not prepared to proceed, Judge Orr had him removed 
from the courtroom.  The entire trial was conducted in his absence.  No 
defence was allowed.  Written motions and affidavits were not allowed to be 
presented, defence witnesses were not allowed to take the stand, and 
obviously there was no cross-examination of witnesses who clearly perjured 
themselves.  The judge found Blair guilty and sentenced him before bringing 
him out to hear the verdict and sentence.  After Blair was again removed 
from the courtroom, his counsellor and co-accused (and co-arrested) Deborah 
Kelly Hawkes was brought before the court on charges of alleged 
obstruction.  The crown then stated that charges were being stayed against 
Hawkes.  If her trial had proceeded alongside Blair's (or even afterward), 
she would have been able to cross-examine the witnesses, her affidavits and 
motions would have been heard, and police, witness, and other 
falsifications would have been spotlighted.

Blair's ability to prepare a defence was further hampered by the fact that 
he was arrested without a warrant again on Dec. 3, the day before his 
trial.  This arrest occurred as he was entering PEI Supreme Court on the 
way to an appeal hearing regarding Judge Orr's previous denial of agent 
representation.  He was charged with breach of an undertaking, allegedly 
phoning his estranged wife, despite no material evidence (even one month 
later).

On Nov. 5, Legal Aid lawyer Thane MacEachern walked out on Blair before his 
show cause review hearing (after he had spent 79 days in jail) because 
Blair didn't want to do things his way.  At his Dec. 5 show cause hearing 
Kent Brown (Director of Legal Aid) had the opportunity to represent him but 
treated him very disrespectfully, wouldn't allow him to see the disclosure 
information, and said there wasn't much he could do to gain his 
release.  Given this treatment and lack of disclosure he asked for an 
adjournment and succeeded in gaining his own release a few days later on 
Dec. 9, with the help of witnesses.

Legal Aid are not able to defend Blair properly but are willing to pay 
another lawyer at legal aid rates, however Blair has been unable to find a 
lawyer in PEI who will take his case.  PEI is a small place and many 
lawyers and firms in PEI would be in a conflict of interest since Blair has 
upcoming lawsuits (also unrepresented) against the provincial, federal and 
municipal governments and police, the Mount Herbert Orphanage Trust, 
churches, the Workers' Compensation Board, etc...

The only way Blair will get a proper defence is if someone with proper 
legal training and experience is able to represent him.  He has two court 
dates scheduled later in January.

If you know of a lawyer that might be interested and able to offer 
representation for the criminal  charges, appeal of wrongful conviction, 
and/or civil suit(s), please do get in touch.

If you can't help us find a lawyer but still want to help, donations for 
legal costs are welcome.

Yours Truly,
Aaron Koleszar
(Blair Ross supporter)

Call 902.659.2575 or email <aaronk@isn.net>.

Email is not always checked frequently or managed diligently.
Therefore telephone is the most reliable way to get in touch for serious 
inquiries.
We can call you right back if telephone costs are an issue.
If email is used, please use a descriptive Subject line (such as "Blair 
Ross Legal Support") 

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