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The Queen (aka "mrsmuir") SWBB
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Judge rules on three Stephan applications, reserves decision on voluntariness until Thursday
March 6, 2019
"LETHBRIDGE - Court of Queen's Bench Justice J.D. Rooke, who is overseeing a case management hearing in Lethbridge for David and Collet Stephan, has adjourned two of the couple's applications and dismissed another.
That's ahead of a ruling he is expected to make Thursday, on whether statements the couple made to RCMP and that Collet made to a child abuse consultant/ pediatrician at Alberta Children’s Hospital in Calgary were voluntary and admissible at their trial in June....
On Wednesday, Mar. 6, Justice Rooke ruled that the Stephans’ “Fruit of the Poisonous Tree” application regarding what David Stephan referred to as a potentially “botched” police investigation - was dismissed. Rooke told the court the couple had failed to identify what exactly the fruits of the poisonous tree were and made mention of a similar application the couple brought before the courts Jan. 18, which was also dismissed.
Justice Rooke told the couple that if they believed the police investigation into their case was “botched” or “engineered,” they should bring that matter forward in a civil case; the case before the courts now was to deal with their charges of failing to provide the necessaries of life, and there had been to date, no finding of any bias in the investigation, or any improper investigation.
On the charges the Stephans are facing, the couple also brought forward a charter application to have the charges dismissed because they were “vague.” A Jordan application was also filed, alleging that the court process from the time they were charged, until now has taken an unreasonable length of time.
In both instances, Justice Rooke adjourned the matters Sine Die - meaning there is no assigned date for the matters to resume. Rooke told the court it would be prudent to wait for an Alberta Appeals Court ruling on Jordan, and that the application could be brought forward in the future.
Defense Arguments on Voluntariness
After Crown Prosecutor Britta Kristensen argued Tuesday, Mar. 5, why statements the Stephans made to police and to child abuse consultant Dr. Jennifer D’Mello should be allowed at the June trial, the Stephans argued Wednesday (Mar. 6) why they should not be allowed....
Justice Rooke told David “you were given an opportunity to file any charter application you wanted. At this 11th hour, I will not be hearing you on 10 (b).”
The hearing was adjourned briefly then, while Rooke searched for the date the couple was to have filed their charter applications before the court.
During the adjournment, David Stephan left the courtroom, began to enter a small conference room, and screamed loudly twice, before exiting with his wife.
As the hearing reconvened, Justice Rooke once again reiterated that he would not consider any further Charter applications and told David to refrain from repeating the same arguments....
... Justice Rooke told the Stephans that he would not entertain any Section 7 application.
“You had every opportunity to file any application,” said Rooke. “I can’t deal with the issue of competence…You well knew going back to June 28 with respect to Charter violations. That’s the end of it. Sorry, too bad.”
Rooke reserved his decision on the voluntariness of the statements by both Collet, and David until 10 a.m. Thursday, Mar. 7."
Judge rules on three Stephan applications, reserves decision on voluntariness until Thursday
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March 6, 2019
"LETHBRIDGE - Court of Queen's Bench Justice J.D. Rooke, who is overseeing a case management hearing in Lethbridge for David and Collet Stephan, has adjourned two of the couple's applications and dismissed another.
That's ahead of a ruling he is expected to make Thursday, on whether statements the couple made to RCMP and that Collet made to a child abuse consultant/ pediatrician at Alberta Children’s Hospital in Calgary were voluntary and admissible at their trial in June....
On Wednesday, Mar. 6, Justice Rooke ruled that the Stephans’ “Fruit of the Poisonous Tree” application regarding what David Stephan referred to as a potentially “botched” police investigation - was dismissed. Rooke told the court the couple had failed to identify what exactly the fruits of the poisonous tree were and made mention of a similar application the couple brought before the courts Jan. 18, which was also dismissed.
Justice Rooke told the couple that if they believed the police investigation into their case was “botched” or “engineered,” they should bring that matter forward in a civil case; the case before the courts now was to deal with their charges of failing to provide the necessaries of life, and there had been to date, no finding of any bias in the investigation, or any improper investigation.
On the charges the Stephans are facing, the couple also brought forward a charter application to have the charges dismissed because they were “vague.” A Jordan application was also filed, alleging that the court process from the time they were charged, until now has taken an unreasonable length of time.
In both instances, Justice Rooke adjourned the matters Sine Die - meaning there is no assigned date for the matters to resume. Rooke told the court it would be prudent to wait for an Alberta Appeals Court ruling on Jordan, and that the application could be brought forward in the future.
Defense Arguments on Voluntariness
After Crown Prosecutor Britta Kristensen argued Tuesday, Mar. 5, why statements the Stephans made to police and to child abuse consultant Dr. Jennifer D’Mello should be allowed at the June trial, the Stephans argued Wednesday (Mar. 6) why they should not be allowed....
Justice Rooke told David “you were given an opportunity to file any charter application you wanted. At this 11th hour, I will not be hearing you on 10 (b).”
The hearing was adjourned briefly then, while Rooke searched for the date the couple was to have filed their charter applications before the court.
During the adjournment, David Stephan left the courtroom, began to enter a small conference room, and screamed loudly twice, before exiting with his wife.
As the hearing reconvened, Justice Rooke once again reiterated that he would not consider any further Charter applications and told David to refrain from repeating the same arguments....
... Justice Rooke told the Stephans that he would not entertain any Section 7 application.
“You had every opportunity to file any application,” said Rooke. “I can’t deal with the issue of competence…You well knew going back to June 28 with respect to Charter violations. That’s the end of it. Sorry, too bad.”
Rooke reserved his decision on the voluntariness of the statements by both Collet, and David until 10 a.m. Thursday, Mar. 7."
Judge rules on three Stephan applications, reserves decision on voluntariness until Thursday
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