R. v. Patrick Fox; Court of Appeal no CA47391 [Patrick Fox; David Layton (BCPS)]

Somehow, when I read your letter dated 2022-06-22, I completely missed the paragraph where you said you had reconsidered about the Crown obtaining the transcripts of the 2021-10-14 and 2021-12-23 appearances. That is entirely my mistake and I aologize. Obviously, that makes my request for the DARS recordings of those appearances moot.

Regarding my application to cross-examine Johnson, I do still want to proceed with that.

If, at the 2022-06-16 CMC, I stated that if I have the transcripts I would not proceed with the cross-examination then I will honor that, and I will withdraw the application to cross-examine. However, I do believe what I had said was that if I don't have the transcripts then I will definitely want to cross-examine Johnson, whereas if I do have the transcripts then it may not be necessary to cross-examine him. Would you be willing to have one of your people confirm the exact wording I used?

Alternatively, if the BCPS will admit that Johnson repeatedly lied to the court in my proceedings and that he lied in his sworn/affirmed affidavit, and you withdraw his affidavit then I would see no need for the cross-examination and I would withdraw that application.

Regarding the filing of the two additional transcripts and the RFJ, I do want them to be filed so that they can be used to attack Johnson's credibility, regardless of whether or not I cross-examine him (although this is only relevant as long as his affidavit is before the court).

With respect to Johnson's false claims at the 2021-10-14 appearance, about the disclosure material not being encrypted, I will also need to include a copy of those encrypted disclosure files (in order to prove his statements were actually false). I have copies of those but I'll need to figure out how to get them to you.

With respect to Johnson's false claims at the 2021-12-23 appearance, about the police requesting I provide them access, in my presence, to only the one email message I sent to editor@desicapuano.com on 2021-08-13, and not access to my entire email account by virtue of providing the police the passwords to my phone and laptop (TR 2021-12-23 p14l36-p15l17, p16l10-19, p16l28), I will also need to include a copy of the transcript of the VPD interrogation from 2021-08-17 (in order to prove his statements were actually false).