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Bothwell refuses to recognize authority of court
News
By SCOTT DUNN SUN TIMES STAFF
Posted 2 months ago
George Bothwell used the prisoner's box as a pulpit Thursday to profess his faith in Jesus Christ and declare his unwillingness to recognize the jurisdiction of the Ontario Court of Justice. The 63-year-old Bible-quoting farmer from the former Sydenham Township was convicted at trial and fined $500 in the Ontario Court of Justice on the criminal charge of causing a disturbance on Hwy. 26 on July 17, 2009.
Justice A. Ross Webster and court security officers had their hands full Thursday with Bothwell and some among the more than 20 members of the public in the courtroom.
Before the judge entered the courtroom, Bothwell and two men seated with him each claimed their "common law jurisdiction" aloud. One accompanying him spoke in arcane legal terms to a security officer who was almost speechless. Another man walked into the courtroom wearing a blue ball cap. An officer told him to remove the hat, as is the norm. "I can't have it on for religious purposes?" he replied. "No," he was told and so he headed back toward the exit. When the judge entered the court, two among more than 20 people seated in the gallery didn't stand when the clerk told everyone to rise. A "not guilty" plea was entered on Bothwell's behalf during the trial. Instead of entering a plea himself, he said "I do not consent to your making a legal determination." He referred to the "admiralty jurisdiction" of the court and that he didn't consent to "your contracting with me." He has made similar arguments at previous court appearances. Grey County OPP Const. Lisa McGinnis testified she pulled Bothwell over along Hwy. 26 because of safety concerns. He was driving a tractor and pulling two trailers loaded with hay and a skid loader and was "obstructing traffic," she said.
She said Bothwell was occupying the entire westbound lane and was driving 15 to 20 kilometres per hour in an 80 km/h zone on the "busy highway." She also noticed one trailer wheel was tilted in on a 25-to 30- degree angle, and she said she feared the wheel would fall off. The trailer was also just 1 1/2 to two inches off the ground, she said. McGinnis activated her cruiser's emergency flashing lights but Bothwell drove on. Only after she pulled alongside him and auxiliary officer Brad Watson motioned for him to pull over did he do so. She said Bothwell wouldn't move the tractor and trailers to avoid blocking one lane at the Tintersection of Clearview Cres., where he pulled over. He was also blocking "almost half " of the westbound lane of the highway despite room to spare on the shoulder, she said. Bothwell then stood in the middle of the westbound lane and started yelling at the officer, she said. About 10 cars were stopped and one person exited a vehicle to see what was the matter, McGinnis testified. Bothwell was "throwing his arms up in the air" and shouted at her "You have no right to stop me," McGinnis said. She asked him "at least 10 times" to step off the road to talk but he would not, she said. She cautioned him about causing a disturbance. She warned him she would arrest him if he didn't comply with her requests. She arrested him at 7:37 p.m. Bothwell, who was without a lawyer, told the court he didn't recognize the court's jurisdiction. He identified himself only by his given names "George Hugh." He questioned the officer about his name and birth date and certainty of his identity. He cautioned the officer against perjury and asked her, "Were you acting as a peace officer or an offence officer?" He testified he didn't do anything wrong, there wasn't time to cause a disturbance and he "certainly did not" raise his voice. Bothwell told Leger, the Crown, "there was certainly no disturbance caused by myself," and "there were no cars at any time stopped on the road." Leger countered that Bothwell was "argumentative" and "unable to answer a simple question" at trial. He said Bothwell "completely glossed over" the period he was causing a disturbance and that he "fabricated" his story. Webster told Bothwell the main issue in the case was credibility and he didn't believe Bothwell. He called McGinnis the "best witness" he'd heard in a long time. When the judge asked Bothwell to convince him otherwise, Bothwell said "I believe in the truth. I believe in Jesus Christ as my saviour." He said he told the truth. Webster told Bothwell that "he may be a faithful man to his religion," but he "tailors stories. He is somewhat irrational as to what is happening." But Webster rejected a Crown request for a suspended sentence and probation, with counselling for anger and mental health issues, saying he wouldn't follow the order. Instead he fined him $500. "This man you can't help." Webster adjourned related Provincial Offences Act charges to Oct. 4 in POA court. Bothwell is also facing separate charges of obstructing police, two counts of assault to resist arrest and causing a disturbance from May 14, 2009 in Owen Sound. Bothwell was committed to trial by judge and jury on those charges after a preliminary hearing also held Thursday. A publication ban on that hearing was imposed. He was ordered to appear in the Superior Court of Justice Oct. 5.
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