cynical person would say some
pressure has been brought to
bear on her
added by this website: above, Robert
Faurisson, Fred Leuchter at Carlton
SAtreet; Zündel seated in
Toronto, Wednesday, May 5,
only reason everybody has their tail
feathers in a knot is because I'm a
Ontario judge stunned a courtroom awaiting
her testimony at Holocaust denier Ernst
Zundel's deportation hearing yesterday by
instead launching a bid to avoid
By Kirk Makin
AN Ontario judge
stunned a courtroom awaiting her testimony
at Holocaust denier Ernst
Zündel's deportation hearing
yesterday by instead launching a bid to
Ontario Court Judge Lauren
Marshall -- who represented Mr.
Zündel in the 1980s -- retained
lawyer Paul Stern virtually
overnight to try and quash her subpoena,
claiming that she has no "material
evidence" to offer.
"It is not a matter of any kind of
backing off," Senior Regional Judge
Marshall said in a telephone interview
yesterday. She was
adamant that she has not been under
pressure. "Absolutely not," Judge
Marshall said. "The only reason everybody
has their tail feathers in a knot is
because I'm a judge."
Mr. Zündel's legal team reacted
angrily. Lawyer Peter Lindsay said
Judge Marshall's change of heart was
inexplicable in light of her "specific and
unequivocal" agreement as recently as
Monday morning to freely recount the
extraordinary lengths to which authorities
went in their efforts to deport her former
person would say some pressure has been
brought to bear on her Honour," Mr.
Lindsay said. "I don't have any other
explanation. Ironically, her
unwillingness to testify may support my
theory that Zündel is treated
differently than anyone else. So much
pressure is brought to bear that even a
judge will agree to testify and then
later decide not to."
He said he only issued a subpoena to
her after ascertaining that she would
"Until I started to talk to her lawyer,
there was zero doubt she was coming
voluntarily," Mr. Lindsay added. "In fact,
I met with her on several occasions for a
total of two hours and talked about
everything she was going to say."
While Judge Marshall had no intention
of supporting Mr. Zündel's views, Mr.
Lindsay said, she told him that she would
describe the government's approach to
deporting Mr. Zündel as "outrageous."
Judge Marshall also said she had been
"shocked" and "dumbfounded" at the degree
of political direction she had perceived
in the Zündel case, Mr. Lindsay
He said that in addition, Judge
Marshall planned to describe being set
upon by members of the Jewish Defence
League at Mr. Zündel's 1985 court
appearances, and that she was spat on and
hit with a stick.
Mr. Lindsay and co-counsel Chi-Kun
Shi are seeking to strike down a
controversial anti-terrorism measure known
as a security certificate, used to deport
non-citizens who may pose a security risk.
A security certificate is signed by two
federal cabinet ministers who, based on
secret intelligence, decide that an
immigrant should be deported as a danger
Even alleged spies and terrorists
normally targeted this way are not
permitted access to the precise
allegations against them. The two lawyers
maintain that Mr. Zündel's removal is
attributable to cabinet ministers who were
successfully lobbied by
Judge Marshall said in the interview
that until she read a Globe and
last Friday revealing her coming court
appearance, she had been "naive enough" to
think she could pop by the courtroom,
answer a few questions on the witness
stand, and be on her way.
"I didn't even
think I needed counsel until I saw the
story and realized this thing could
take on a life of its own," she said.
"Once it all gets straightened out, I
fully expect that I may be testifying.
If so, I will co-operate fully."
Judge Marshall said that when Mr.
Zündel's lawyers originally
approached her to testify, she saw no
reason not to perform her civic duty and
do so. "I was persuaded that I might have
some relevant evidence. As a result, I
said that if I was subpoenaed, I wasn't
going to fight the subpoena."
However, some have since misunderstood
this to mean she was somehow "crusading"
on behalf of Mr. Zündel, Judge
Marshall said. She said that after looking
into the matter more closely, she realized
that she might be required to answer
questions that infringe on
Federal Court of Canada Judge Pierre
Blais was unable to hear arguments
from Mr. Stern yesterday.
The hearing continues today.
Fromm reports on The Zündel
Hearings: Quash That Subpoena!
judge Lauren Marshall to testify for
Ernst Zündel defence
Globe & Mail: Ernst
Zündel, civil-rights champion?
[see also: Editorial]
offered to set Zündel free to
travel to the country of his choice if
he would plead guilty to being a
national security threat
seeks asylum after U.S. deportation:
Now 'he's our
seeking refugee status
Zündel held in Batavia, N.Y.,
fears key could soon be thrown
headed back to Canada
of Ernst Zündel by US: Is held in
Neo-Nazi activist held in Blount County
2001: Ernst Zuendel has emigrated from
Canada to the United States