I have been frivolously and vexatious charged with assault, these charges are not based on any air of reality they are completely false. I believe it is negligent for the Fredericton Police to lay these false charges and then further negligence that the Crown prosecutor's office is pursuing these charges. The person claiming this is assault is not credible.
May 28, 2012, Post Hearing Comments - Plea Hearing
Hearing Adjourned- Judge Dickson recuses himself from my matter.
The allegations and subsequent Assault charges are frivolous and vexatious, this is a new installment of the vicarious attacks that Neil Rodgers and Trina Rodgers have conducted against me over the last 7 years.
June 19, 2012, Part 1: Before Hearing. Believing I would be attending a Hearing on the matter.
June 19, 2012, Part 2 Post Arrest. I was arrested because of two warrants which were issued because of the scheduled morning hearing, which I failed to Appear.
July 18, 2012, Sally Brooks Interview: Regarding Morning Hearing and Provincial Court Matters.
Andre Murray is falsely accused of Criminal Charge of Assault upon Neil Rodgers, unlawfully under duress forced to sign an undertaking, then Charged with Breach of Undertaking by the Fredericton Police Force.
July 18, 2012, Jenn Wambolt Interview: Regarding Legal issues
Read the Attorney General's Policy - Public Prosecutions yourself at:
http://www.scribd.com/doc/100205258/Attorney-General%E2%80%99s-Policy-Public-Prosecutions#page=1
Attorney General's Policy - Public Prosecutions
Introduction
The purpose of stating the Attorney General's policy in regards to public prosecutions is two-fold:
• to ensure the fair and effective prosecution of criminal and quasi-criminal cases, and
• to provide public access to the Attorney General's policy and to guidelines issued by
the Director of Public Prosecutions under the policy, in order to instill and maintain confidence in the administration of justice in the province.
The Attorney General, as chief law officer of the Crown, is responsible for prosecutions under the Criminal Code, the Youth Criminal Justice Act, some other federal statutes and all public provincial statutes containing enforcement provisions. Only as a result of statutory requirements, or in exceptional circumstances, is the Attorney General personally knowledgeable about or directly involved in particular cases being prosecuted. Individual prosecutions are conducted by Crown Prosecutors acting as agents of the Attorney General who are as such public officers engaged in the administration of justice.
It follows that the Attorney General's responsibility in day-to-day public prosecutions is discharged mostly by means of general policy direction to Crown Prosecutors in various areas of prosecutions that require a fair and consistent approach throughout the province.
By tradition and necessity, Crown Prosecutors have a broad and generous area of discretion in prosecutions, subject to general policy directions of the Attorney General or specific direction in exceptional cases. They act under the direct supervision of the Director of Public Prosecutions and Regional Crown Prosecutors. Guidelines issued by the Director are mainly advisory and are designed to further assist Crown Prosecutors in achieving a uniform approach to prosecutions.
The major topics covered in the Attorney General's policy are those not dealt with in detail by specific statutory provisions or judicial direction. The major topics include police investigations, alternative measures, the decision to prosecute, laying the information, private prosecutions, Crown immunity, and resolution discussions.
Attorney General's Policy - Public Prosecutions Part 1
http://youtu.be/8pP-5EJt1yc
July 18, 2012, Post Hearing Thoughts on Provincial Court and Canadian Legal system
August 15, 2012 interview with Sally brooks regarding Andre Murray's morning hearing about pleading to three unsubstantiated vexatious criminal charges.
Please Note:
1. The first obvious entitlement I Andre Murray have under the Criminal Code of Canada, under section 810 (pasted below) is for the validity of the 810 to be proven before the presiding justice, further with both parties before the Court.
2. Why has the Crown not facilitated such a hearing prior to a plea, particularly since it is required by s. 810(2) of the Criminal Code prior to any undertaking being ordered.
3. The validity, or otherwise, of the 810 will also resolve the matter of the assault charge and should be dealt with as a matter of urgency with Neil Rogers and family appearing before the judge to prove their case.
4. Please take NOTICE that the Fredericton Police Force:
• have not at any time conclude a diligent investigation into the assault charges filed with them by the complainants, the Rogers family;
• at no time did the Fredericton Police Force ask me to verify my whereabouts on the date in question;
• at no time did the Fredericton Police Force interview me to verify my statement of the alleged events;
• at no time did the Fredericton Police Force ask me whether I had an alibi or witness at the time of the alleged assault and for which I am charged.
• I have therefore been charged without the police verifying any of the facts provided by the complainants.
5. I Andre Murray ask did the Crown office conducted a Pre-Charge Review of the Fredericton Police Force case against me for assault and an 810 Information and, if so, what evidence did the Crown office base accepting my cases for prosecution, since there was no statement taken from me at any time by the Fredericton Police Force, confirming the Fredericton Police Force made a case against me on hearsay evidence and an incomplete Police inquiry into the complaints.
6. I ask what actual evidence the Crown and Fredericton Police Force have that Mr. Rogers was assaulted by Andre Murray.
7. I summarise my position that I Andre Murray attempted to demand that the judge adjourn all pleadings until the hearing to validate the necessity of the 810 undertaking/recognizance has been held in the presence of all parties and request that the Crown ensure I receive a copy of all police evidence other than hearsay has been provided.
Please Note: Fredericton Police Force forced me Andre Murray to sign an undertaking, charged me with assault and breach of an undertaking without having validated the hearsay evidence of the complainant and without completing any diligent investigation into whether I had an alibi, whether I was even at the scene or whether I had a witness to the events, furthermore, I want this investigated since, obviously, the courts will be full of innocent people if the police fail to even investigate and charge people on hearsay evidence without even taking a statement from the accused party.
I Andre Murray require an explanation why the Fredericton Police Force, Crown Prosecution Services and the Courts have driven me to Court hearings, incarceration and a prosecution without even having interviewed me, without taking any statement from me and without verifying the alleged facts.
Reference, relevant sections of the Criminal Code of Canada.
Where injury or damage feared
Marginal note:Duty of justice
810.(2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.
Marginal note:Adjudication
(3) The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears,
(a) order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant;
August 25, 2012 Update Regarding August 25, 2012 hearing for a plea to vexatious Criminal Charges
Aug 30.12.Update on Criminal Code of Canada, Assault and Undertaking Charges against me.
Aug 30.12.Information on Criminal Code of Canada Assault and Undertakings.
August 31, 2012: Legal Matters up date.
Criminal Justice System.
Brief summary of my contact with the Criminal Justice System, This is my first time through such an experience, it is shocking how the Fredericton Police Force, Crown Prosecutors and Judges do not follow procedures as set out in the Provincial Offences Procedures Act and or the Criminal Code of Canada.
Despite being innocent, I have been arrested, and held in custody twice, held in remand in Saint John Correctional facility for two days. I have had my freedom severely restricted by a Undertaking which was illegally imposed upon me. Because of this unlawful undertaking, at any time I am in peril of being charged with another criminal violation, "Breach of Undertaking", each new breach adding 6 months to 2 years of jail time if convicted.
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