David is the North American ALF Press Officer. He runs the Black Cat
Distro and is a commited animal/eco-warrior who has taken part in ALF
liberations. Recently his house was raided and things confiscated by
state forces. This has been a common recurrance since David has become
an outspoken supporter of underground direct action. This message is
an update on his situation with the legal proceedings. Send messages
of support and offers of help to: otter@tao.ca
>
> Hello friends,
>
> As most of you are aware there will be a hearing in BC Supreme Court
on
> Tuesday Sept. 24, 10 AM, to hear motions put forward by my lawyer in
> regard to the recent RCMP search and seizure of my property. Here is
an
> update of what may or may not happen on Tuesday.
>
> First, we will argue a motion to cross-examine the cop who swore out
the
> Information to Obtain the search warrant, Cpl. Derrick Ross of the
RCMPs
> INSET section, for the purpose of amplification of his information.
We
> have been informed that Ross will not be able to attend the hearing
on the
> 24th, so if our judge grants this application then everything will
be
> immediately put over to another date when Ross is available. If we
are
> denied the application then we might ask for an adjournment to
re-think
> our approach, or we might go ahead with arguments in any regard, (or
if
> our request for an adjournment is denied). My lawyer, Michael Klein,
will
> decide at the time of the hearing which approach to take.
>
> So, the hearing might end quickly (if the cross-examination
application
> and/or the adjournment request are successful), or it will continue
for
> probably not longer than a couple hours at most.
>
> It's possible that if it does continue on Tuesday and all arguments
are
> made, a decision could be made right away, or it could be reserved
for
> another time if the judge needs to think about it.
>
> Whatever happens, it won't be a long hearing, and I'm guessing it's
more
> probable it will not conclude on Tuesday. Once the search warrant
issue is
> dealt with, we move on to a motion to return the seized items, or we
go to
> the Appeals Court, depending on the outcome.
>
> For those of you in or around Vancouver, if you are interested or
would
> like to come out and show some support I'd greatly appreciate it,
though I
> don't think it's going to be too exciting. The exciting part, for
me,
> would be the day we get to cross-examine Ross, or the day we get the
> judgement.
>
> Heres the info:
>
> Tuesday Sept. 24
> BC Supreme Court
> 800 Hornby St., 10am
> Room - not sure at this point, check your email on Monday or the
board at
> the courthouse
>
> I will send out an update on Wed. or Thurs. so you'll know what
happenned.
>
> Thanks,
> David
Hello friends,
Yesterday's hearing in BC Supreme Court turned out to be our first
small
victory in this latest round of court proceedings and fighting back
against police harassment.
First off, I'd like to send my deepest gratitude and thanks to you
all for
your continued support, it really does mean a lot to me. Many of you
sent
prayers, thoughts, and good energy and white light to the hearing
and I
can tell you that I felt it all while sitting in the courtroom. And
I
believe that this energy does have a positive influence on whether
or not
justice and common sense will prevail, or whether the state gets to
tighten it's noose on political dissent and civil liberties. Thank
you!
And an additional "thank you" to those who showed up in court to
support
me; your presence in those oppressive rooms really helps me deal
with
this!
Our judge, B.C. Supreme Court Justice Elizabeth Bennett, seems to be
very
intelligent, and, is apparently known somewhat for her principled
and
independent decisions on the Bench. One of my concerns was landing a
judge
who would be an "old codger" part of the "old boys club," but that
does
not seem to be the case with Bennett.
The first step in these hearings was seeking permission to
cross-examine
the RCMP officer who swore out the information to obtain the search
warrant. Of course the Crown challenged that, so we had a two-hour
hearing
on whether we could or couldn't cross-examine Cpl. Derrick Ross.
Justice
Bennett in the end granted our application.
The cross-examination hearing will not be extensive, but it may
illicet
some important information. It will take place sometime in October,
date
tba.
It just feels good to know that the RCMP, in this case, will be
subpoenaed
to testify and will be on the defensive, instead of the other way
around
as it usually is.
This entire process will unfold very linearly:
- cross-examination hearing
- main arguments on search warrant ("facial" hearing)
- sending application (this will be a hearing on the Crown motion to
send
my stuff to the US; apparently they will argue to send my stuff
south
*even if* the search warrant ultimately fails!)
- application to return seized property
- Appeals Court of BC (whoever loses is likely to take it to this
next
level, certainly we will!)
I don't expect a complete resolution of this case until the Summer
of next
year.
Media attendance was good, with representatives from all the major
dailies
there, as well as Charlie Smith from the Georgia Straight and Brian
Salmi
from Terminal City. Check out today's papers (Vancouver Sun article
reprinted below) and the alternative weeklies on Thursday. (BTW,
yesterday's National Post had an okay article, given that it was the
National Post; check it out if you have access to the paper.)
I'll let you all know the date of the cross-examination hearing when
I
find out.
Love and Resistance!
David
-----
Animal activist challenges search warrant on home
Neal Hall
Vancouver Sun
Wednesday, September 25, 2002
Animal rights activist David Barbarash was in court Tuesday,
challenging a
search warrant used this year to raid his Vancouver Island home.
Acting on a request from U.S. law enforcement officials, the RCMP
seized
computers, computer discs, videotapes, photos and files related to
animal
rights, environmental issues, and alternative media.
Barbarash's lawyer, Michael Klein, plans to argue police had
insufficient
grounds for the search warrant but first he asked the court to be
able to
cross-examine RCMP Corporal Derrick Ross, who swore the information
to
obtain the warrant.
B.C. Supreme Court Justice Elizabeth Bennett granted the application
to
cross-examine the officer. No date was set for the
cross-examination.
Barbarash is seeking to prevent his property from being turned over
to
U.S. authorities.
He wants to the search warrant quashed and the seized items returned
to
him.
He is a representative of the Animal Liberation Front, a group that
has
claimed responsibility for attacks on such things as meat-packing
plants
and sporting clubs in Canada and the U.S.
Outside court on Tuesday, Barbarash said he was outraged by the July
30
raid on his home. He said it was carried out by Canada's newest
anti-terrorist unit, the Integrated National Security Enforcement
Team, a
post-Sept. 11 RCMP unit intended to "help ensure early detection and
prevention of any threats to national security."
"I think it was easy for them because I'm a known activist,"
Barbarash
said. "But I did not commit any crimes."
He said he has never been to the U.S. state of Maine, where police
requested Canada's help in investigating three break-ins at
rod-and-gun
clubs in 1999.
ALF took credit for carrying out the raids on the clubs, where walls
were
spray-painted with the initials ALF and the property damage total
was
,700.
In all three incidents, mounted animals were taken. Barbarash, 38,
announced the Maine activists told him they stole the stuffed
animals so
they could be "returned to their natural environment to rest in
peace."
Barbarash said he receives only anonymous e-mail communications from
ALF
activists after they have taken action.
He said he suspects police already monitor his phone calls and
e-mail
