If all else fails, employ "Judicial Misconduct"
7. After being exposed for intentionally creating the issue in his Court, Justice Rooke lost his temper and declared, he is aware of the recording and they may not play it. It's not illegal but was improper...
8. Justice Rooke rules that the Stephans must now ask permission before speaking with Court officials.
9. Justice Rooke directs the Recusal application to run without notice or materials required to run the application.
10. Justice Rooke does not allow the Stephans to read the application.
11. With nothing being entered onto the record, justice Rooke dismisses the Recusal application.
"Rooked" with no hope of success
Having strategically dismantled the Stephan's ability to force his recusal, Justice Rooke now had nothing to prevent him from moving ahead as the Justice over the other two applications.
During the application to allow an adjournment for Ezekiel's mother's lawyer to attend, her lawyer stood to assist her. He was told to sit down and was not allowed to participate further in any of the hearings.
Justice John Rooke then dismissed the application for adjournment required for Ezekiel's mother to have counsel attend. She sat quietly wiping tears from her face for the remainder of that hearing. As of right now Collet Stephan will not be allowed to have legal counsel during her trial.
The Stay Application
David drew the conclusion that this was an attempt to avoid obtaining evidence which the Crown would be required by law to turn over to the Defence. It was also evidence that the defence was not able to acquire during the first trial.
No records kept or logged during a severe cardiac arrest?: Application for stay
David Stephan was given about 35 minutes for this application and as a result had to literally tear pages of documents and arguments from his brief.
The evidence presented boiled down to three basic documents and then other documents that also spoke to the same factors.
Logs on arrival to CRH
Gap in records
Cardiac Arrest During Gap in Records
Stephan's argument was simple; It's not reasonable to believe that because a child goes into Cardiac Arrest a hospital would then cease to log medications, vital signs, times or other critical information. The records are being withheld.
Stephan quoted Supreme Court case law stating that in the case of missing third parties records a stay was the only relief. Justice Rooke dismissed the application with what appeared to be very little consideration for the law or facts presented.