Subject: Here is a little proof I mean business
I will defend friends and family and speak the truth at the expense of friends.
I am calling you now Mr. Marshall because I have called Byron and received no
answer.
I suspect foul play.
THE PROVINCE OF NEW BRUNSWICK
PROVINCIAL COURT
HER MAJESTY THE QUEEN )
) Case NO: 03683103
v. )
)
SHAWN TABOR )
AFFIDAVIT OF DAVID R. AMOS.
A WITNESS TO THE ACTIONS OF THE CROWN
On July 29th, 2004
I, David R. Amos at the request of my friend, Shawn
Tabor, accompanied him to the hearing of the plea for the
above-entitled matter before Judge
Henrik G. Tonning.
I was well aware of the circumstances surrounding this matter because
I have been staying at the home of Mr. Tabors sister Dawn at the time
the allegations were made against him.
I have been a witness to much
that has transpired in this matter since June 18th .
The same day I
debated for the first time the former MP John Herron, a friend of the
lawyer, David Lutz.
The reason I stressed that night for entering the
political fray was Public Trust.
The actions of the Crown in this
matter and the actions of David Lutz and his friends against my friend
and I have proved my point.
Henrick Tonning claimed jurisdiction the
instant he threatened arrest.
Although I enjoyed my run for Parliament my real reason to come home
to Canada and speak up was to protect my rights and to litigate if
necessary.
When Herron implied during the debate on June 18th that I
may be a Hells Angel, I was not surprised to hear it but much offended
me all the same.
I had made it clear in my own intoduction that I wore
the colors of a Clansman not a biker.
The cops around New Brunswick
have slandered me as a drug dealing biker for years.
The malicious
opinions of local law enforcement that are claimed not to be recorded
has caused my freedom to suffer for years and I was almost shot twice
by trigger-happy Yankees.
I can talk of police harassment all day but
I must say that if the town cop Livingstone had crossed paths with the
Yankee draft dodger Lutz in 1977 instead of me, both men may have had
different professions today rather be a lawyer and a RCMP officer.
I was well aware that Shawn Tabor had not offended Allison Withers in
any way.
She should not be in any fear of him whatsoever.
The RCMP
knew it as well.
I attended at the request of his sister because Mr.
Tabor was upset.
I advised him to plead not guilty, keep his mouth
shut and to demand copies non-existent evidence before any future
hearing of the matter.
In the words of Judge Tonning Mr. Tabors ex wife was "jerking him
around" in the pursuit of her own ends with the assistance of the
Crown and her lawyer, David Lutz.
That fact became painfully obvious
the instant the Prosecutor McAvity attempted with the courts
permission to change the name of the person making the allegations
against Mr. Tabor from that of his former sister in law to that of his
ex wife Anne Tabor.
I was also well aware that Shawn Tabor had not offended his former
wife, Anne Tabor in any way and that she has been in contempt of
family court orders in the denial of his right to see his children in
order to upset him further.
On July 29th it was widely known that the legal aid lawyers under
contract with the New Brunswick Law Society had been on strike for
months.
These lawyers including David Lutz, the defendants ex wifes
lawyer were in fact delaying matters in the courts at the expense of
justice for many New Brunswick taxpayers in order that they may
increase their income.
I also knew that as of the aforesaid date in July the Attorney General
Brad Green had given up trying to bargain with the greedy lawyers and
had gone about changing the way legal aid would be administered in New
Brunswick.
I immediately recognized the conflict of interest if some
lawyer employed by the Crown had tried advise him on how to act
against some action began against him by the Crown. Ms. Gallagher
quickly affirmed that suspicion as I heard her advise my friend that
it was ok to change the name of the complainant and plead guilty.
The Crowns action should have been dismissed immediately and the
Prosecutor McAvity should have been questioned as to his malice and or
competence.
I certainly would not wish the likes of Ms. Gallagher
defending my rights and interests before such a court. My thinking was
affirmed when no person working the Crown would tell me who were the
people on both sides of the fence on July 29th.
Even the sheriff (Paul
Gast) refused to tell me his name after he had made several moves
against me at the judges bidding and on his own.
Please view the
attached letter dated August 18th McAvity and Legal aid that has gone
unanswered.
Now over one month later David Lutz and his friend Gary Miller are
lamenting their job loss and pointing out the same conflict of
interest I pointed out in court on July 29th.
On July 29th I did not interfere with the hearing in any way. I did
not speak before the court about this matter until the judge demanded
me to explain my interaction with Mr. Tabor and Ms. Gallagher as they
spoke before me and not before the court.
This was done after Ms.
Gallagher had complained of me to the court.
I did not speak again until after the hearing was over and another
date was set and Judge Henrik Tonning started jerking me around. He
pretended not to know who I was and called me a know it all courtroom
counsel. I heard him advise my friend to secure the services of a
lawyer and I agree but I do not see that statement within the
transcript.
Upon my study of the transcript of the hearing of this matter on July
29th that was sold to Mr. Tabor, I see many words and omissions that I
strongly disagree with.
I truly believe that the Crown has practiced
fraud against Mr. Tabor and I to cover up the failures of the law
enforcement system of Canada.
I ask that Judge Tonning review the
transcript himself, recall his own words and then listen to the tape
of the hearing before a copy of the tape is ordered and formatted.
I certainly hope that my friend has no wish to assist my wifes Yankee
cousins in their crimes against my family.
I ask that he take the time
to review the documents attached to this affidavit and listen to the
FBI tapes I provided to the RCMP by way of the Graham Milner on
September 2nd. I provided many more tapes to the Suffolk County
District Attorney in Dorchester District Court on September 3rd.
I
mentioned during that hearing that I had served similar tapes upon the
RCMP and they were mentioned in this matter.
I am no Jack-in-the-box as Judge Tonning claims.
He knows I am a
simple sincere and serious man who is already somewhere that he does
not like to be.
I am to stand trial in the USA to answer criminal
charges placed against me by the same Court that falsely accused me of
threatening President Bush last year.
Like Mr. Tabor I have had false allegations of harassment made against
me by none other than the IRS. That was the matter that Henrick
Tonning and I discussed as friends in his chambers over two years ago.
The affidavit that he read that day is hereto attached for his review.
It has been in the Public Record in the USA for over two years and
should remain in the public record of this matter from this time
forward.
On the same day that Mr. Tabors hearing was held in this court, the
Suffolk County District Attorney answered me in the USA. One month
later he attempted to prosecute me in a court that does not have
jurisdiction to hear the matter. Now I will summons many Canadians
including Judge Tonning to testify as to the truth, the whole truth
and nothing but the truth.
I have read all the documents that Mr. Tabor has received on August
18th from the Prosecutor McAvity and from David Lutz on August 20th,
the same day that he was slated to appear in Family Court. The lack
integrity within David Lutz is obvious to me.
I have noticed that David Lutz signs a document in Family Court over
one week after it is filed and that the statements of his client, Anne
Tabor are different in the two courts.
It appears to me that David Lutz has no problem changing the dates of
hearings to suit his own ends or to delay serving documents ordered by
the court in a timely fashion.
It appears to me that the complaint in this court was brought against
Mr. Tabor in order that David Lutz could use a judgement against him
to deprive him of the right to see his children.
It appears to me that not only are the actions of David Lutz malicious
but they are fraudulent as well. In my opinion he has no right to
practice law for a fee but in fact he should be in jail.
All of my statements are made on my own free will in order to protect
my rights and bear witness in Shawn Tabors matters. Judge Tonning did
threaten to have me arrested after I stood in order to answer his
insults.
This affidavit is filed in the above stated matter concerning Shawn
Tabor as a witness pursuant to my words that can be found within the
attached transcript of this matter.
Although I am Shawn Tabors friend who feels free to give him my
honest opinion, I do not act as a counselor of any sort nor have I
attempted to represent him in any legal matter.
I am much offended by the things I have heard that were said about me
by the RCMP with regards to Mr. Tabors association with me.
I do recognize the fact that Shawn needs an honest lawyer to represent
him and I am proud to say that I am the person that introduced him to
the lady speaking for him. I have much respect for Joyce Richardson
and her integrity. I hope to find more lawyers like her soon.
I have made it well known that I have no respect whatsoever for the
legal profession. Just because I have gone to great lengths to prove
why I think that way, it does not follow that I think all lawyers are
crooks. It is the task of the legal profession to save its own mask
of virtue, not mine. However I feel free to speak my mind about any
lawyer who acts unethically and invite the to sue me in order to prove
me wrong. Hundreds have declined.
That said, there is one lawyer in Canada that I wish to challenge on
my own. I will serve this affidavit to the office of David Lutz in
person so that he may complain of me if he wishes to do so. I will
wager I will file a complaint against him first. I doubt that Yankee
aint as quick on the draw as he is in running away in his cowboy
boots. The fact that he ran from my questions proved to me he aint
got any sand. I will look forward to arguing him in front of a jury of
my peers. I did not believe him when he claimed to me in front of many
witnesses on July 29th that he had given the attached material to law
enforcement. I truly believe that he has destroyed many a family for
his own gain. It is time to give the devil his due and make him fall
on his own sword. I have read his work and I cant think of a worse
example of a Yankee Carpetbagger. He broke the law and dodged the
draft in his native land then feels free to prosecute Canadians for
not upholding the law and then brag of his accomplishments. It is time
that he argues and honest Maritimer that aint no lawyer and who wont
make a deal or settle with the devil. Lutz cannot run back from whence
he came for shelter. I live in the USA and I have studied the Federal
Code. Title 18 applies to David Lutz as well.
As I said in statement numbered thirteen I did provide three original
wiretap tapes to the RCMP in Sussex on September the 2nd with a
witness. I have no idea as to whether or not CISNB has picked up the
other three tapes and the documents from the priest, Bill Elliot or
the same material in the possession of David Szemerdas unnamed lawyer
friend. However the RCMP remained true to form. Within the hour they
showed more concern about motor vehicle infractions rather than
crimes. Apparently the RCMP who had been following me around all
summer were well aware of the day my registration expired in
Massachusetts. When Cst. Belliveau stopped me and began interrogating
me as to why it was not renewed, I served upon him the reason why I
could not do so in front of the same witness that saw me serve his
supervisor and tell him they why they were expired. I will leave the
car the RCMP are so concerned about in Canada as evidence until the
matter is resolved and I will call Cst. Belliveau and his supervisor
Graham Milner to the USA to speak in my defense.
I have also received a very predictable and unsatisfactory response
from the RCMP External Review Committee. By the date, where it was
sent and gist of their letter I suspect those lawyers working under
Anne McLellan thought I would never make it to court in the USA on
September 3rd. I will look forward to arguing those lawyers later in
another court.
In support of the foregoing statements and to defend myself against
false allegations in a criminal trial I will be filing this document
with its attachments in a court in the USA.
My last statement is far from the least important. The sad but true
fact that the following oath and witnessed signature is totally
unnecessary because Judge Henrick Tonning, the Crown Prosecutor
McAvity, the RCMP officers in the courtroom today and David Lutz in
particular know everything that I stated above is true. This affidavit
would not need to exist if any one of the aforesaid parties had acted
ethically long ago. They all know I am a man of my word Even though I
dont believe that any god will judge me in the future. I try to check
my work every day and answer to my own conscience every night. I wish
Henrick well with his legal dilemma but I see no ethical problem
whatsoever. Just ask David Lutz why he changed the date of his actions
against Shawn Tabor in Family Court until after the hearing of this
matter today. Perhaps then the judge should ask Lutz how the document
he filed in Family Court could be signed one week after it was
supposedly filed. If Judge Tonning could read the statements made
against Shawn Tabor by Anne Tabor in two different courts, he would
truly see that she is "jerking him around" with the malicious
assistance of David Lutz. I do and I aint no lawyer or courtroom
counselor nor do I wish to be one. There is no need for the Judge to
report these facts to the Law Society of New Brunswick. I am sending
them a copy of this affidavit and its attachments. They can look into
the matter for themselves. If the judge has any questions for me about
what I have filed, I am seated in court but I will not speak unless
called upon to do so. I will return to the USA tomorrow in order to
stand in court on Monday and then in another court within two weeks. I
may be unavailable for months afterwards. However, I will be back to
complain of David Lutz and many other lawyers. If the Judge wishes to
see how serious the business I am in, perhaps he should listen to the
wiretap tapes or read the attached emails from Byron Prior in
Newfoundland. All that said, please dont allow David Lutz to stop
Shawn Tabor from seeing his children. He loves them dearly. The court
heard his plea for justice on July 29th now he has hired a lawyer to
speak for him as the judge had suggested. I trust that Ms. Richardson
has her clients best interests at heart so I will say no more within
my friend Shawns matters. But I will be watching to see if the law is
upheld and justice is served. If it is not, I will act according to my
conscience and the best way I know how. Hows that for politicking?
SIGNED UNDER THE PENALTIES OF PERJURY THIS THE 9IH DAY OF SEPTEMBER 2004
Sworn before me, a Commissioner of Oaths, )
Notary Public, on this the 9h day of )
September, 2004 at the town of )
Sussex, in the County of Kings, )
Province of New Brunswick, )
Dominion of Canada )
Wednesday, July 09, 2008
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