Bias by rejecting my affidavit
The judge accepted the prosecution request of not admitting my affidavit under the pretext that it was ' self serving ' .
1-16-15 – ( prosecution ) – ' The Crown`s view , at this point , not having heard any cross
examination of any crown witnesses , is that it`s self-serving and not admissible '
1-16-25- ( judge ) – ' So you are not proposing to lead this affidavit .
So , Mr Markan , all right .'
I was stunned by the audacity of this claim and before I had a chance to gather my thoughts and say anything the prosecution kept going .
1-16-3- ( prosecution ) – ' Not at this point , your honour . Obviously if inconsistent suggestions are put ' …
My Affidavit was a sworn , valid legal document provided to police during the investigation and having the same , legitimate value as statements made by the accuser to the police .
It was clearly a discriminatory action because at this stage police and the prosecution had statements made by the accuser , who had vested interest in presenting his version of events , while my version of events was deemed as not admissible from the start of the proceedings in the court .
In the situation when it was clear that without direct witnesses of the incident there will be 2 version of events , admitting the one and rejecting the other predetermined the outcome of the court case and it shows unfairness towards me .
Very strangely , it was my document and it was deemed by the judge as not admissible by me , however the prosecution could use it against me if they choose to do so , while I was not even allowed to talk about it`s existence in front of the jury when questioning the police witness .
2-62-13 – (me) – Mr Dobs , I believe that in October last year you were given a copy of my affidavit .'
- ( prosecution ) – ' Your Honour , I object to this question '
- ( judge to me ) – ' Do you have some other questions you can go on with ' …
The judge was aware of its importance and the self defence issues I was raising
1-16-30 – ( judge commenting on my affidavit ) - ' but it gives –perhaps the intimation of what is likely to be his defence case '
- The judge offered the prosecution the preferred treatment by allowing them to use my affidavit as the leverage against me but discriminated against me by denying me the right to use it .
- Judge`s action deprived me the fair opportunity to defend myself .
- The jury was deprived of the opportunity to see my description of the incident .