TWICE AS FAR

 

SWISSAIR 111

CRASH INVESTIGATION

 

 

 

- EVALUATING THE EVIDENCE -

 

 

WHAT'S NEXT?

APPLICABLE LAWS OF THIS LAND

APPLICABLE LAWS OF THIS LAND

 

THE RCMP ACT

 

The RCMP Act

is a Federal Statute

that provides the authority for a member of the RCMP

to enforce the laws of this land,

and it ensures that members of the RCMP

perform their duties of enforcing those laws.

It also provides

Federal authority for members of the RCMP

to act as Provincial Police within designated locations.

However,

as a Federal Statute,

it does not supersede the

Criminal Code of Canada

with its provisions for the

Obstruction of Justice and of a Police Officer.

 

 

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THE POLICE ACT OF NOVA SCOTIA

THE POLICE ACT OF NOVA SCOTIA

 

The Police Act of Nova Scotia

provides the authority for members of the RCMP

to investigate offences of the

Criminal Code of Canada

within the Province of Nova Scotia.

That includes the crime of homicide.

So in the waters off the St. Margaret Bay of the Province of Nova Scotia,

the RCMP had sole police jurisdiction

to investigate the statutes

provided by both the

Province of Nova Scotia and the Federal Government of Canada.

This included the

Criminal Code of Canada.

 

 

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more seCTIONS OF THE RCMP ACT

MORE SECTIONS OF THE RCMP ACT

 

These sections of the RCMP Act

describe various requirements for members of the RCMP,

thereby making it a duty for an RCMP member

to investigate the Criminal Code offence of homicide.

Section 48

can be interpreted such that Lathem's and Fraser's actions

for the change-the-notes

were a Federal offence under the RCMP Act.

The problem is that

six months is the Statute of Limitations

for a Summary Conviction offence.

Nevertheless,

when Internal Investigations Section

were provided with my grievance material,

it should have been investigated at that time.

What's more,

it shows that Conlin's report was a sham

writen by amateurs.

 

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SECTIONS OF THE TSB ACT OF CANADA

SECTIONS OF THE

CANADIAN

TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD

ACT

 

The following are specific Sections of the Act.

Generally, all they can do is to identify the problem,

and then simply make recommendaitons for change.

Nothing else!

 

The following Section of the Act

excludes all TSB members from giving evidence in a Criminal or Civil Court.

A Coroner's Inquest or Inquiry merely recommends findings,

and has no power to enforce

the Criminal Code or any other Act of Canada or the Provinces.

 

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SECTIONS OF THE CRIMINAL CODE OF CANADA

SECTIONS OF THE CRIMINAL CODE OF CANADA

 

The Criminal Code of Canada

lays out a few definitions that are of importance.

Did Lathem and Fraser,

being entrusted with the process of investigating the deaths of the passengers

by way of the Provincial Statute called

The Fatalities Act of Nova Scotia,

misconduct themselves in the execution of that process?

Did they ever advise

the Chief Medical Examiner for the Province of Nova Scotia

that there was

a suspicion of a criminal act in the deaths of the Swissair 111  passengers?

 

The events covered by the section

for failing to assist a peace officer in the performance of his duty

are too numerous to list here.

Many are recounted throughout the book.

 

 

Section 23(1) is self evident,

while Section 25 pertains to public officers

and their requirements in order to break the law.

An example would be an undercover drug officer.

However,

Sub/section (11) prohibits any wilful attempt to obstruct justice

and

Sub/section (13) states that it is an offence to fail to collect evidence.

With this in mind,

how was Lathem authorized to 'walk the middle of the road'?

Would a Canadian Court of Law

rule that those in my 'management team'

committed an

Obstruction of Justice and of a Police Officer

during the course of this investigation?

 

Remember also,

Conlin's report states,

without reservation,

that I was conducting a

criminal investigation

of these 229 deaths.

She was expressing the words of

Commissioner Elliot of the RCMP.

So no one in

the RCMP or the TSB

can now argue

that I was not conducting such an investigation.

Certainly I must have been performing such a function,

or why else would

Lathem and Gorman

tell me to stop?

 

Did Tanner

break these libel laws with his letter to MacLaughlan

about my so-called misdeeds while working on the file?

The memo he wrote

certainly seems to show intent,

and it certainly seems to show

a wonton disrespect and negligence.

It certainly does ridicule me.

He had no direct knowledge of the matters,

and had no grounds whatsoever for the comments.

Remember also

that he was at the meeting with

Gerden and Lathem

on the 1st of December, 2000.

Did they discuss the first AES report,

or did they discuss

what flavour of donuts they preferred?

Perhaps someone who added

ten and ten to come up with forty

should not have held the position that he occupied.

 

 

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A TYRANT BY ANY NAME IS STILL A TYRANT

A TYRANT BY ANY NAME IS STILL A TYRANT

 

 

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MY COMMENTS

MY COMMENTS

 

From the very start of this investigation,

there was a prevailing attitude put forward by those in control

that in order to investigate this crash

one had to have the expertise held only by members of the TSB.

'It was an aircraft fire while in flight.'

It was then put forward that

the performance of and events within the aircraft

could only be understood by

experienced pilots and a handful of aircraft technicians,

those who had a full and complete understanding

of how airplanes operate and fly.

However, this was a fire investigation.

It was not a crash due to weather,

negligent operators,

or even a suicidal pilot.

So it had little to do with being a pilot

or the operation of the aircraft.

 

During the investigation,

many people with expertise

in how airplanes are built

and how they fly

came and went.

 

However,  only one other person was ever in the hangar

who had an understanding and expertise

of fire investigation and propagation,

and who had complete access

to every important aspect of the investigation.

Without John Garstang,

the TSB would have had no one with such knowledge and expertise.

Ultimately,

it did not matter how the aircraft was flown.

It all came down to an onboard fire

that burnt sufficiently

to incompacitate the pilots

and cause the plane to fly into the water

in an uncontrolled manner.

 

So all the expertise professed by pilots

such as Gerden and others,

in the end,

was of no value.

What's more,

all the thousands of words and photographs

that were put together to create the final TSB report

were just so much ink on paper

and 0's and 1's on a hard drive.

 

In the end,

the main physical evidence that came to the forefront

was from Dr. Brown with his AES results.

His verifiable physical evidence showed that

arson with criminal intent to commit murder

was the most likely fire cause.

 

However,

this was something that the TSB could not investigate.

When the RCMP finally received the reports,

they failed miserably

to undertake normal and appropriate criminal investigative practices.

The TSB, meanwhile,

went on to

illegally tamper with

an official Canadian Government report and witness,

something that the RCMP management

had already done to two of their own investigators.

 

When the matter was broadcast on the CBC in 2011,

the TSB Assistant Lead Investigator and his electrical inspector

resorted to mistruths and lies

to mislead the public and quell the turbulence created by the program.

The RCMP

claimed to stand behind the results of their previous investigations,

one of which was a total sham,

while the other was completed by amateurs

with no respect for the laws of this land.

It was proclaimed that two Federal Government agencies

could never commit such illegal deeds

and mislead the public.

But there are a large number of Canadians across this country

who know differently through personal experience.

Many of them are members and former members of the RCMP

who, over the years, have been wronged by others in the Force.

There is now a definite need for change,

and for the prosecution of those responsible for this miscarriage of justice!

 

The public and the media

should beware of any rebuttals put forward by these two agencies.

They have lied and deceived the public for years about this investigation.

Be careful that any response is likely a continuation of those misdeeds.

 

As for the cause of the crash,

I have shown how as many as five experts

have offered an opinion other than a short circuited wire as the cause.

No one with any expertise

has indicated the source to have been a short circuited wire.

That now leaves the reader to decided for themselves.

 

However,

it has been shown in this investigation

that even in the face of physical evidence to the contrary,

the file was closed down

with no outcry coming from all but two investigators.

When one then sees the actions of the RCMP

after the AES reports were handed over,

the reader can come to only one conclusion.

There definitely is a fundamental problem within the RCMP.

What actually is in play

is a total sense of loyalty to the authority system within the Force.

It is perhaps more aptly called a fear of authority

that overrides what instead should be

a sense of duty to the legal system of the country.

Each member, starting on the first day of basic training,

is taught to obey the commands of the senior members who are in charge.

He or she is taught that a Commissioned Officer has total control.

RIGHT OR WRONG,

A COMMISSIONED OFFICER HAS TOTAL CONTROL.

Is that what the public expects of a police investigator?

If indeed that is what is required by the public,

then why bother investigating matters such as this?

Let the TSB continue with their sham investigations,

and the RCMP's management continue to make a mockery of justice.

But I doubt that is what the public and the leaders of this Country want.

 

 

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ROYAL CANADIAN MOUNTED POLICE

ROYAL CANADIAN MOUNTED POLICE

OATH OF OFFICE

 

"I solemnly swear that I will faithfully, diligently and impartially execute and perform

the duties required of me as a member of the Royal Canadian Mounted Police,

and will well and truly obey and perform

all lawful orders and instructions that I receive as such,

without fear, favour or affection of or toward any person.

So help me God."

 

The key phrase here is

 'lawful orders'

 

 

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THE RCMP'S CORE VALUES

THE RCMP'S CORE VALUES

 

These words could be found in every RCMP building throughout the country.

They were framed and on prominent display for all to see.

 

INTEGRITY

HONESTY

PROFESSIONALISM

COMPASSION

RESPECT

ACCOUNTABILITY

 

One can onlywonder what happened to these values.

 

 

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'It has long been an axiom of mine

that the little things are infinitely the most important.'

 

Sherlock Holmes

- A Case of Identity -

Sir Arthur Conan Doyle

 

 

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IRONIC WORDS

 

This commemorative lapel pin with the card attached

was provided to all the members who worked on the Swissair file.

 

 

 

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When I first applied to RCMP in 1969 several days after turning 18 years of age,

this image was in the application package that I received.

At that time it really stood for something.

The words

'Maintain The Right'

meant a way of life,

a profession,

and not just a job!

The Commissioners of the time had integrity.

 

Perhaps the member responsible for copyright infringement

will wish to suppress this photo.

It depicts an image of a member of the RCMP,

and I have displayed it without written authorization.

The Force's image is now owned by the Disney Corporation in the USA.

However, this image dates back to at least the mid-sixties,

so it is more than fifty years old.

It predates the sale of the copyright.

What's more, it was created specifically for public display.

Perhaps an RCMP member's time could be spent more productively.

However,

if the Force cannot afford to investigate 229 murders as one single event,

perhaps it has to do something less costly to justify its expense to the Canadian tax payers.

The shame is on the Force.

 

 

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AFTER READING THROUGH ALL THIS MATERIAL,

IF YOU WISH TO KNOW THE NAMES OF THE CREW MEMBERS AND PASSENGERS,

THE LAST TRANSMISSIONS FROM THE PILOTS,

AND HOW THEY ARE REMEMBERED IN THIS COUNTRY,

PLEASE VISIT THE FOLLOWING WEBSITE.

 

-- REMEMBER SWISSAIR 111 --

 

 

there has to be truth, Justice, and honour

for without it we are nothing but animals

 

unknown author

 

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both ThE book and website

are written without prejudice to those persons who are mentioned therein.

These matters have not yet been adjudged in a

Criminal Court of Law in Canada.