Wednesday, June 17, 2015

Liars, liars, liars.

When we left off, I was telling you how I sued the University for defamation because of how they spread the word about my alleged "home invasion" against Professor Bush and his wife. And how as part of their defence of "qualified privilege", they were claiming that any communications they issued on that subject were strictly confined to people who had a legitimate responsibility to be informed.

I happened to know differently. At my criminal trial Mrs. Cantor, one of my former instructors, had told how the University had phoned her up out of the blue to warn her that Marty Green was going around calling on professors at their homes. And from her recollection, it seemed pretty clear that then-Acting Dean Jan Stewart was the one making the calls. 

So I subpoenaed Jan Stewart, citing Queen's Bench Rule 39, which allows me to examine any outside party who had relevant knowledge.  The University's lawyers immediately moved to quash my subpoena, claiming Jan Stewart wasn't a party to the action and I had no reason to examine her. In support of their motion to quash, they filed an Jan Stewart, claiming that she basically knew nothing. 

But I have the right to cross-examine on affidavits. So now they had to produce Stewart. But they put strict conditions on the examination: I could only question her on her affidavit, not on the wider events of the case. This was fine with me: I would just ask her if she made those phone calls. If she did, then I would have the evidence I needed to defeat the motion to quash. And then I could examine her again, and ask her the real question: who authorized the phone calls, and just what was she telling people?

And then under examination, she denied making any such calls...or at least, denied any recollection thereof.
Well this was a problem for me. If Jan Stewart couldn't remember making any phone calls, what was I going to question her on when I got her in for my Rule 39 examination? I wanted to find out just what she said, and on what authority? But here she was, claiming she simply didn't remember making any such phone calls.

I don't think I'm letting you in on any big secret when I tell you I believe she was lying. First of all, if she were interested in telling the truth, why would she have led me on such a wild goose chase over the simply question of who was acting dean (see yesterday's blogpost)? And secondly, why would Mrs. Cantor have told me that she was phoned by someone from the Education faculty, a woman, who was calling to inform her that Marty Green had "visited" the house of another professor...if it wasn't Jan Stewart, acting Dean (or acting associate dean as she insists.)? So the next day I emailed the Education Faculty, with copies to Stewart, the Dean, and the President of the U of W, asking them to look into this and see if they could get to the bottom of just who was making phone calls to people about Marty Green. The University never responded to that letter. 

By the way, this evasiveness under examination is typical of the way the University's witnesses have conducted themselves every single time I have had them on the stand. It's what Neil Besner did when he pretended he had nothing to do with issuing the trespassing order against me in 2013; what Besner and Professor Metz both did when I asked them why I was banned from the property in 2013, and they pretended they thought I had asked them why I was banned the previous year in 2012. Of course the worst offender is Professor Metz, who when I repeatedly asked him what complaints he had made about me that led to my expulsion from the education program, kept insisting that he had made only "one formal complaint"...until I reached for my pile of documents, when he interjected: "well, if you're talking about the email I sent on January 11th, well yes I certainly did....". And let's not forget Professor Bush, who sent his wife to the door to get rid of me, and then tried to pretend that he never even heard the doorbell ring. Liars, liars liars. 

If Mrs. Stewart wasn't lying when she denied knowing about the phone calls, then the U of W was doing much worse than lying when they refused to disclose what was behind Mrs. Cantor's testimony at my criminal trial. If Mrs. Stewart didn't make those phone calls, then the U of W certainly knows by know just who did. And they're not telling.

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