The problem facing the U of W was that the lies they needed to tell in order to beat me on the criminal case were different than the lies they needed to tell to beat me on the civil case. They might have thought about that before they had me thrown in jail last winter, but they didn't. And now it's coming back to bite them in the ass.
So what exactly is the problem, according to me? Well, there are two pretty different stories going around about what happened on the evening of January 11th. Today I thought I'd tell you how Professor Bush described the events in question immediately after they took place. How do we know what he said? We have his sworn affidavit: and this is what he says he said:
"I did contact Don Metz, professor with the University on the evening of January 11th, 2013. Both Metz and I were involved in respective grade disputes with Martin while Martin attended the University. As Heather (Mrs. Bush) and I were concerned that Martin had followed me to my home, I phoned Metz as a cautionary measure in case Martin attended his home. I informed Metz that Martin had telephoned my home and then proceeded to disregard my instructions and attended my front door. I further informed Metz that Martin had attempted to give Heather papers. I also informed Metz that Heather shut the door on Martin."
And that's it. Nothing about a home invasion, or trying to force my way into his house. So what was the big fuss about? Why were police called, and the University notified? Bush explains it this way, filling in the background with the following details:
"On January 11 2013, at approximately 5:00 pm, I received a phone call at my residence from Martin. Martin identified himself and indicated that he had papers to give me. I immediately asked how Martin got my home number as it is an unpublished phone number. I informed Martin that it was inappropriate for him to be calling my home and advised him that any communication should be directed through my legal counsel.
"After getting off the phone I went into the basement. I have been informed by my wife...that while I was in the basement Martin attended my home. At approximately 5:15 pm...I was coming up from the basement at the time Heather was shutting the front door. While visibly shaken, Heather informed me that Martin had just attempted to give her papers to deliver to me.
"Martin had attended my home minutes after I informed him over the telephone that I did not want to have any contact with him. In consideration of Martin's disregard for my instructions, and the fact that Heather was rattled by her interaction with martin, I called the Winnipeg Police."
And that's his story. Still nothing about a home invasion. Yes, he says his wife was "rattled" by her interaction with me, but he doesn't give any details as to why she would be. In fact, Bush is quite clear that the reason he called the police was simply that he felt it was inappropriate that I had disregarded his instructions by coming to his home. Even though he says I was only there to deliver some papers.
It doesn't seem like much of a home invasion. Maybe he's leaving something out? It turns out he is. How do we know? Because we have the sworn testimony of Don Metz, who disclosed that there was just a bit more to their phone call than Bush had let on. We can't exactly accuse Bush of lying, because a careful reading of his affidavit shows that he only said "this is what I told Don Metz"....he never says "this is everything I told Metz." So it's it's possible there more...and as we see from Metz's account, there was indeed. Here it is in Metz's own words:
"On the evening of Jan 11 2013 I received a telephone call from George. George advised me that:
- Martin had telephoned his home earlier that evening;
- during their telephone conversation George advised Martin that is was inappropriate for him to be contacting him at his home;
- subsequent to their telephone conversation, Martin attended the front door of George's home that same evening;
- George's wife, Heather Bush, answered the front door.
- Martin did not advise Heather of his purpose for attending the Bush's home;
- Martin attempted to give papers to Heather to give to George;
- Martin put his hand in between the door and the door frame while waving a paper towards Heather;
- Heather attempted to shut the door as Martin pushed back on the door to prevent it from closing;
- Ultimately, Heather was able to shut the door; and,
- the Winnipeg police had been contacted.
And there you have it. It's hard to see from the preceding testimony how I did anything other than unsuccessfully attempt to serve papers on Mr. Bush. It certainly doesn't support the accusations I made in my Statement of Claim, whereby I say that Bush accused me of trying to force my way into his home. But there's the rub...or, as we say in Yiddish, dâ liegt der hund bagrâben: this is where the dog lies buried! Those affidavits were sworn for the express purpose of warding of the civil suit for defamation. And so they deny saying the things I accuse them of saying. Since I have no witnesses, it's their word against mine.
Having constructed this impregnable fortress of affidavit evidence to hide behind, they subsequently moved for Summary Judgment on the defamation case, arguing that I had no arguable case in law. But in the meantime, they had the small matter of the criminal case to deal with, where I had supboenaed Metz and the Bushes to testify as to the events which had got me banned from the University campus and subsequently thrown in jail. And to accomplish that purpose, they were going to need something a bit more lurid than me getting the door slammed on my arm.
There were only two eyewitnesses to what happened at the front door that evening...me, and Mrs. Bush. When we return, I'll show you how Mrs. Bush described the innocent-sounding events as set out above by her husband.