Warman vs Free Dominion and John Does – the Jury Trial (day 10)

Day 1′s events can be read here.

Day 2′s events can be read here.

Day 3′s events can be read here.

Day 4′s events can be read here.

I’m afraid that I was unable to attend on day 5.  I have heard some accounts which I would like to share with you.  However, do remember I have not seen this myself, so it is just a person on the internet repeating a rumour….so give the account weight accordingly.  Mr. Warman was still on the stand and acted up the self pity, even bringing forth tears for the jury, when he recounted just how difficult this has all been for him, the righteous protector of our society.

Day 6′s events can be read here, as a real newspaper sent the liberal Glen McGregor to cover the appearance of Mr. Icke as a witness.

Day 7′s events can be read here.

Day 8’s events can be read here.

Day 9  was a procedural day, without the jury present.  It was to involve discussions between the judge and the counsel about procedural matters.  As such, I chose to conserve my strength and skip day 9.

Which brings us to day 10 – the closing arguments.

The jury filed in at about 10:25, each one of them encumbered with an arm’s length of documents:  the exhibits submitted during the trial.  It sure is a LOT of material to go through and keep in mind!!!

For some reason which escapes me, the defense was to go first with the plaintiff having the last word.  I don’t understand why this was so, but it was.

As such, Ms. Kulaszka was up first.  At the judge’s suggestion, she moved over to the lectern (which was rotated to more closely face the jury (though, the room was too crowded for much  movement) and Connie Fournier (wearing the white blouse with black embroidery detail, red cardigan and gray/tan slacks) moved a box of documents to her side at the lectern and then returned to sit not at the defense table, but in the spectator seats.

As a matter of fact, today, the courtroom was packed!

The whole ‘plaintiff’ side was taken up with legal students who were on a field trip to the courthouse today…so, even ‘Dr. Dawg’ (who is also suing the Fourniers in a separate suit, in a vain effort to emulate Mr. Warman) and his young, bald companion had to sit in the ‘defense’ side.  And, yes, for all of you who’ve asked:  Dr. Dawg was wearing those cute riding boots with the most adorable silver embellishments on them!  (Yes – the same ones he posted a picture of himself wearing while riding a horse or a mule or something…as if the courthouse were equivalent to a barnyard.)

At this point, Ms. Kulaszka introduced yet another binder – a compillation of some of the other exhibits.  Mr. Katz objected to not having had a chance to verify that all the documents therein were indeed the previously submitted exhibits, but the judge ruled that he ought to trust the opposing counsel, until proven otherwise.  Thus, everyone in the jury (and the judge, clerk and Mr. Katz) got yet another binder with the same evidence herein, just organized slightly differently.  I don’t claim to understand the process, but, my highly imperfect understanding was that this ‘exhibit’ had things in the proper context, as far as the defense was concerned – and, in this case, context is everything!

Ms. Kulaszka then delved into the ‘meat’ of the matter:  political forum, context is important, current political issues from a conservative point of view, comments not censored, fair comment, not defamatory, true statement, David Icke…’Maximum Disruption’…ARA…Jessica Beaumont (Connie has daughters)…Paul Fromm’s testimony…public figure…

She had proceeded to go through each and every posting, explaining the defense, stressing one point or another.  I must admit that as a ‘free speecher’, I found this very exciting and was at the edge of my seat – but, I don’t think the jury was like-minded.  I saw a few suppressed yawns and a few not so suppressed ones…even when she (Ms. Kulaszka) had pointed out that one of the people from Free Dominion that Mr. Warman had accused of anti-Semitism was actually Jewish…at least, that is what I understood from what had been said, in my highly imperfect comprehension.

This took us to a bit past the lunch break.  I think she had done a good job explaining why each and every single posting was not defamatory, but it was a long and necessarily tedious process.  Ms. Kulaszka did not address the greater picture of freedom of speech or what impact on the current internet practices in general as well as chilling free political speech in particular a guilty verdict would make.

Before she thanked the jury and the judge and rested her case, Ms. Kulaszka pointed out that Mr. Warman had sued 69 people – including her clients, in part for what Mr. Ed Kennedy had posted and for not ‘banning him from Free Dominion’,  but, despite the fact that Mr. Ed Kennedy did not hide his identity, Mr. Warman had never sued Mr. Ed Kennedy himself… a fact which resonated very deeply with me.

Next up was Mr. Roger Smith, who was representing himself in this matter.

He had made a passionate speech, painting the big picture as far as freedom of speech in general is concerned.

Actually, he was really awesome!

Understated as he is in his mannerisms, the distinguished and highly credible-looking Mr. Smith addressed the jury and the judge.

He explained how, following Mark Steyn’s persecution (my word, not his) by the BC HRC (which he had attended as a spectator) had affected him and motivated him to protect freedom of speech in Canada.  We had won the greater ‘Section 13’ battle – and this case was necessarily embedded in this context…

He explained how this lawsuit was a leftist’s attempt to abuse the courts to censor a right-wing political discussion he did not like.  Mr. Smith explained lawfare and SLAPP suits…and how they attempt to use courts to regulate public opinion – an abuse if there ever was one!

Should we have 1/2 of the country suing the other 1/2, just to have their political views suppressed by the courts?!?!?

He had explained the motivations (and results) of all his actions, though he did stop short of comparing them to and contrasting against the plaintiff’s own actions (letter to employers, etc.) – something I thought ought to have been highlighted.

Mr. Smith passionately explained his unease with a civil servant using the organs/powers of the government to go after his political opponents…as a daughter of a political dissident under a totalitarian regime, I found his arguments most compelling.  Yet, I am not sure to which degree the jury members had undergone Political Correctness and Cultural Marxism indoctrination, so it is hard to tell if they will have comprehended his meaning.


At 14:45, the most eloquent Mr. Katz took the podium to deliver the plaintiff’s closing remarks.  And, while all his points were predictable and, to my way of thinking, irrelevant, he made them in an animated and highly persuasive manner of speech.

Tomorrow, will be the 11th day of the hearings – the court will reconvene at 9 am to discuss the charge to the jury, which the judge expects to deliver at 11 am…and, then, it will be up to the 4 men and 2 women of the jury to decide!!!









10 Responses to “Warman vs Free Dominion and John Does – the Jury Trial (day 10)”

  1. Anomaly Says:

    May I suggest the subtitle ‘Katz and Dawg’ for Day 10?

  2. John Baglow Says:

    “those cute riding boots”

    Now, Xanthippa, we’ve been through all this before, have we not? 🙂

    You give the impression that I disrespectfully wore mud-splattered old footwear into court. Surely your eye for detail would have picked up that they were clean, polished, and in every way presentable in a courtroom?

    Not to mention that the loveable Hank is clearly a horse. 🙂

    • xanthippa Says:

      Is what I said incorrect?

      You yourself informed me on the topic of your boots – they are indeed riding boots.

      And, there was a horse and a mule unless I am mistaken (which I may be, not being a biologist and all) in the picture you had posted of yourself… wearing those boots! I just could not remember which one of the two mammals you chose to sit atop of.

      But, to set the record straight – yes, the boots were indeed clean and the silver details were meticulously polished.

  3. Jay Currie Says:

    Xanthippa, thank you so much for your work during this trial. What I have really appreciated is the fact that, while you are clearly on the side of free speech, you are serious about covering the facts of the trial.

    Ms. Kulaszka has had to deal with the great mass of allegation Warman has plopped on the Free Dominion doorstep. It is not glamorous work and it tends to bore a jury silly, but it has to be done. This is her professional obligation and I am sure she did it well.

    Mr. Smith is under no such constraint. He can, and obviously did, argue his position in the context of free speech and Warman’s actions and their consequences. I hope he pointed out that the fact s. 13 has been repealed was largely due to its abuse by Warman and that exposing that abuse was clearly in the public interest.

    In essence this trial is political – Warman, the Dawg and people like Kinsella believe that free speech can and should be curtailed with respect to certain topics; we do not. The repeal of s. 13 has meant that we have won the political argument, at least at the federal level. But the lefty censors will continue to use whatever means come to hand to muzzle opinions with which they do not agree.

    Critically, there is absolutely no doubt that the lefties believe they are curbing free speech for the very best of reasons. They are working for “the good”. They are deeply sincere. Which makes them all the more dangerous and free speech all the more precious. Remember, Hitler was very sincere indeed and the Cheka was working to preserve the good. Terrible consequences can flow from the loftiest of motives.

    • Politicallycorrectandnotadumbredneck Says:

      You had to throw in a Hitler. Odd since some of his historical revisionist were right in the court room supporting free libel ….. errr …. I mean free speech.

  4. Dawn John Says:

    So what did the judge say in his charge to the jury?

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