Here is an update on the trial. I also attached the officer's notes - the only mistake I could find was the direction I was travelling in. I'd really appreciate hearing any feedback that anyone might have. Thank you so much.
• Signed in with prosecutor who said she saw disclosure was requested and outstanding. Prosecutor said hang tight the officer hasn't signed in yet.
• Officer shows up 5 min late and signs in.
• P hands me the officer's notes and says I might want to request another trial date.
• I am called to stand. The issue of disclosure outstanding is brought up by the prosecutor.
• The JP says I can review the officer's notes today and the trial can restart later today.
• I said that I won't enough time to prepare a proper defense and I didn't receive all the items in my disclosure request. JP asked if I have my trial notice with me and after I said Yes, she asked if I reviewed the website at the bottom and I said no but I referred to other resources. She asked if I plan to hire legal help and I said no I intend to defend myself.
• We started to review each item in my disclosure request and the JP and P commented on each one (their comments are in italics
o A full copy of the officer's notes, typed if not legible; - a photocopy was provided at the trial
o If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms; - spoke with officer to clarify things I couldn't read or understand
o A copy of both sides of the officer’s copy of the ticket (Notice of Offence); - JP clarified with P that nothing was on the back so I don't need a copy.
o Any statements made by the defendant; - Think prosecutor said statements were noted in officer's notebook.
o Information about the speed monitoring device used in the alleged offence; -JP asked for clarification of my request and I said I meant the make and model which I received in the notes today.
o The make, model, manufacture date, software revision, and repair history log of the said speed monitoring device; -Think prosecution said the software and repair history log would not be available to prosecution.
o A copy of the manufacturer's specifications for testing the said speed monitoring device; -testing papers were provided to me by the prosecution office afterwards. 1 page only and cover page of manual.
o A full copy of the operator’s manual, including the calibration requirements and frequency for said speed monitoring device; -P said I would need to book an appointment with the prosecution office to review the manual.
o A copy of the officer’s training record, and certificate of qualification specific to the said speed monitoring device for the last 12 months; -JP said defendant can ask the officer during the recess. I forgot to ask as was distracted with clarifying his notes but was able to ask when I took stand again and the officer stated he could not remember right now so P said I will have to submit another request.
o A detailed description of the settings the said speed monitoring device was in at the specific time of the alleged offence; -JP asked me to clarify and I said I received this information in the notes.
o A copy of the officer's log for testing of the said speed monitoring device on the alleged offence day; -P said this information was in the notes.
o A copy of the calibration history of the said speed monitoring device on the alleged offence day; -P said this information was not available to the prosecution office.
o An indication of whether the engine of the officer's police vehicle was on or off as the officer was operating the said speed monitoring device; -JP asked why I need this. I explained that the road I was travelling on had a bend and that there were a row of tall trees that may have blocked his view because he was parked in a driveway. JP asked me to get to my point and I said let's say for example the officer only had 6 seconds from the time he could possible see me to the time he started to pull out of the driveway, if his vehicle was on, whether the vehicle engine was on would determine whether he had enough time to properly operate the radar device. JP said I can ask the officer today. I forgot to ask but I can put that in the next disclosure request.
o Any photographic or video evidence if it exists and the Crown intends to use it at trial; -P said none were used.
o Certified copy of s.128 of the Highway Traffic Act; and -JP and P said that's available online.
o Any other document or information that the Crown may rely on at trial. -P said nothing else.
• JP asked if we addressed everything today. I clarified that I still need time to prepare my defence and need an adjournment. JP she said she'd get to the adjournment later. JP says she wanted to make sure we covered everything so that next time I come back I can't say we are missing anything.
• Recess, I went to talk to officer and clarified which part of his notes weren't relevant. P came to get me and said I will get a new date from JP and then after the trial I need to go to the prosecution office to get the test pages and submit a new request for the outstanding items.
• P asked me if I am aware that there's a possibility the charges will be raised up and I said Yes.
• I was called to stand again. JP asked if I got everything and I said I forgot to ask about officer's training and she said ask now and officer said he doesn't recall at the moment so P said to submit another request.
• JP asked again if I had everything and I clarified whether the user manual was available online and P said no and said I can come in and see it. P said she's never even looked at the manual and JP agreed and said she doesn't know how the manual will help because it's the facts of the case that are relevant.
• JP asked if anything else I want to add. I said no. JP asks if P agrees with the request for adjournment and P says no and that the officer is here and they are ready to proceed with the trial.
• I said I would like to object as I requested disclosure several times and only received some information today and I need time to prepare a defense. I clarified that I don't want the adjournment to count against me.
• JP says unfortunately it will count against me due to the case Jordan. JP said unfortunately it will count against me because of the case Jordan. JP said simply put, the prosecution has 18 months to fight the case. JP said I could file an 11b at that point. However, this adjournment will have to count against me. JP asked P if new court date would have to be a new year and P said yes and started to look at her notes. They said Jan X, 2017 and asked if I can do this date and I said Yes. The court clerk gave the time. (Later on I went home and found this link: topic7680.html?hilit=jordan)
• JP said the charge was reduced and prosecution may bump the charge back up and if I understand. I said I understand.
• JP suggested I read the link on the trial notice and asked again if I plan to hire legal help. I said not sure. She said okay noted that the next trial will proceed with or without legal counsel.
Capture1.JPG [ 42.28 KiB | Viewed 259 times ]
Capture2.JPG [ 57.63 KiB | Viewed 259 times ]
Capture3.JPG [ 91.38 KiB | Viewed 259 times ]