It’s a beautiful day and the weather is finally seasonal. The snow has almost all melted away. Spring is here and the long, snowy winter is over. I’m cautiously optimistic that today I will set my trial date.
Last week, my lawyer called with the crown’s proposition on a potential Judge. The Judge he proposed used to be a lawyer for the complainant child protection agency. My lawyer asks if I would object to this. I almost don’t even have to answer. I half suspect this Judge was proposed as all the other local Judges have also worked for the agency for some time longer, before becoming Judges. I wonder about the implications of this in the local Family Courts. Since my arrest, I have not been allowed near any workers for the agency so I have not been able to attend court on Family Court days to observe and hand out flyers like I used to. I continue to leave flyers in the lobby however and answer a seemingly unending amount of emails from people dealing with the local child protection agency. After trial, I will be able to fully resume my activities as a voice for the oppressed. My lawyer says he will call me back.
When he calls back he advises that the crown has found a different Judge and that they’ve all agreed on a date. He tells me the date and advises me to set it at my next court appearance. I agree and thank him for his time.
Timing has allowed my husband to accompany me to court today. We get there and head straight to the court room. The court asks if there is any other counsel wishing to set a trial date. I don’t see the crown attorney on my case. I stand up a give the instructions I was given. The crown that is there shuffles through his notes and agrees with my dates. Everything is set to be heard by the Judge.
“All rise. Court is now in session. You may be seated.”
The Judge is now in the court. I must wait to officially set the date in front of the Judge. I’m the only one here to speak to the matter. Counsel for both parties are not present so my name gets called last, by the Judge. He asks me if I’ve spoken to duty counsel yet.
Before I can tell him we’ve already set the date, the other crown starts speaking and explaining the dates that we set. The Judge asks on whose consent this was agreed on. He tells them my counsel and the crown have agreed. The trial date is set. A trial confirmation hearing is also set, for June 5th 2017, in Perth.
Pathetic fallacy seems to hold true for the writer at heart. Albeit I won’t be basing my defence on this but I can certainly use such allusions to help muster the strength needed to see this thing through. My trial dates, Aug. 8th to the 18th 2017, will not be a cold, snowy days. It will also start exactly one year, to the day, of my arrest and their judicial fallacies.
Kelley Denham
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