A fact is a fact. I was cleared as innocent, as my motion to stay was granted while preparing to enter the Supreme Court of Canada. But these demonic liars cheating Winnipeg for Justice, don't will the truth to prevail.. Understand, these Satanic whores
that pirate Winnipeg for furthering criminality against our communities, who tell of this once 'top secret' court case was really about me having sex with my mother - pay no attention as caring for the further mass murders.. Expressing zero concerns for
the continuing mass murders transpiring at the Health Sciences Center 4th floor, "Comfort Care" . Encouraging through stolen faith, not to simply hear the Chief Medical Examiner or numerous
police interviews confess the same.. Evil is the deceived disguised..
AFFIDAVIT OF JOHN KINAL
I, JOHN KINAL, in the city of Winnipeg, Province of Manitoba
MAKE OATH AND SAY:
Pakistani ISI Director General Ahmad orders an aide to wire transfer about $100,000 to
hijacker Atta. Ahmad later resigns after the transfer is disclosed in India and confirmed
by the FBI. [Dawn, 10/8/01, Times of India, 10/9/01, Wall Street Journal, 10/10/01, AFP,
10/10/01] The individual who makes the wire transfer at Ahmad's direction is Saeed
Sheikh, later convinced for kidnapping and murdering reporter Daniel Pearl in February
2002. ABC News later reports, "federal authorities have told ABC News they've now
tracked more than $100,000 from banks in Pakistan to two banks in Florida to accounts
held by suspected hijack ringleader Mohamed Atta." [ABC News, 9/30/01] CNN also reports the $100,000 transfer, and the New York Times specifies that it came in 2000.
[CNN, 10/1/01, CNN, 10/6/01, New York Times, 7/10/02] Ahmad's order must have preceded June 2000, since that's when Atta and others started opening bank accounts and
receiving the money ($109,910 is received by Atta and Marwan Alshehhi between June
19 and September 18). [MSNBC, 12/11/01]
On March 3, 2002, MSNBC's Jim Miklaszewski reported that he had received anonymously, top secret presidential war strategy documents dated September 9th, 2001,
originating from Condolezza's office, outlining a strategy to invade Afghanistan premised
on blaming bin Laden a terrorist, but providing no evidence to back up the allegations,
thereby guaranteeing criminal invasion. Only workable if Laden pleads innocence to a
crime that hadn't yet taken place, a crime serious enough to "justify" sacrificing American
GIs truly for a liquefied natural gas pipe line for pension thieving Enron. ["The Dahbol
Working Group" and Bridas] Any evidence for any offense would have been sufficient to
have Muslim fundamentalists hand Laden immediately over, as they had offered [as others
of other nations had also] repeatedly during the Clinton years.
CBC and CNN have still, to this day, consciously refused to do any follow up on the
intelligence, deciding instead on behalf of dying people everywhere, our public devolvement of a just society.
RT… News - US rejects Taliban bin Laden evidence calls
21 September 2001 17:41
The White House has rejected requests from Afghanistan's ruling Taliban for proof that
Osama bin Laden was responsible for last week's attacks. According to the US Secretary
of State, Colin Powell, the United States has enough evidence to try bin Laden in an
The US Government said there would be no negotiations.
[This following document was the official damning account]
After playing a tape of Cheney's statement, Russert asked Daschle, "Did the vice president
call you and urge you not to investigate the events of Sept. 11?" Daschle flatly
contradicted Cheney: "Yes, he did, Tim, on Jan. 24, and then on Jan. 28 the president
himself at one of our breakfast meetings repeated the request."
...."[T]hat request was made" by Cheney not only on Jan. 24 and by Mr. Bush four days
later, but "on other dates following" as well.
Two veteran FBI investigators say they were ordered to stop investigations into a
suspected terror cell linked to Osama bin Laden's al Qaeda network and the Sept. 11
`You Will Not Open Criminal Investigations'
October 9 2001 - The Times of India
"While the Pakistani Inter Services Public Relations claimed that former ISI [the
"Pakistani CIA"] director-general Lt-Gen Mahmud Ahmad sought retirement after being
superseded on Monday, the truth is more shocking. Top sources confirmed here on Tuesday that the general lost his job because of the "evidence" India produced to show his
links to one of the suicide bombers that wrecked the World Trade Center. The U.S.
authorities sought his removal after confirming the fact that $100,000 were wired to WTC
hijacker Mohammed Atta from Pakistan by Ahmad Umar Sheikh [Omar Saeed] at the instance of General Mahmud [Ahmad]. Senior government sources have confirmed that
India contributed significantly to establishing the link between the money transfer and the
role played by the dismissed ISI chief. While they did not provide details, they said that
Indian inputs, including [Omar Saeed's] mobile phone number, helped the FBI in tracing
and establishing the link."
No evidence was brought against Laden for nine eleven, none. [So according to Bush's
official top secret Presidential directives] While Laden himself claimed he played no
part in 911. Still, to save the lives of third worlders on the brink of starvation, Laden
agreed to hand himself over, but Bush refused the offer, while CBC and CNN denied
to report on that fact for the behalf of now dying dismembered American GIs. Once the
indiscriminate bombing began, targeting almost every building in the country of Afghanistan, Laden then claimed he had no choice but to fight back to defend US innocent from the ungodly enemies of Creation/Freedom. Then the clear to all fake
video came out with an actor who's face wasn't even close to looking remotely like Laden,
but for almost the facial hair. [Bridge of the Jamaican actor's nose is HALF as long in
proportion to Ladenís for example, and surely frightfully shocking for some, the actor
doesn't even take blame for 911 either!] Photos comparing the two faces never aired on
CBC and CNN available in about twelve seconds with the power of the Internet.
former FBI deputy director and murder victim John O'Neill
"the main obstacles to investigating Islamic terrorism were U.S. oil corporate interests and
the role played by Saudi Arabia."
Alex Jones interviewing Former German Defense Minister Andreas Von Buelow
"Bush signed W199I months before 911 ordering the FBI not to stop Al-Qaeda. They
threatened to arrest FBI agent Robert Wright if he tells us what he knows."
Mr. Bush was quoted somewhere regarding Mr. Laden's guilt of complete innocence with "We don't need any evidence, we know he's guilty."
" [FBI's] Edmonds concluded that documents clearly showed that the Sept. 11 hijackers
were in the country and plotting to use airplanes as missiles. She said documents also
included information relating to their financial activities. "
The honorable Argentinean oil company Bridas' relationship can not be understated
as the Bush Administration's primary motive on criminal invasion of Afghanistan to
save his biggest corporate backers, the American pension thieving Enron.
From "An American demands the truth from you" by Karl W. B. Schwarz
" I demand to know what energy companies were in that Cheney Energy Task Force meeting and what discussions there were as to the steps that would be taken to remove the
Taliban and Bridas Corporation as the last remaining obstacle to the United States
controlling the Trans-Afghanistan Pipeline. I met that company in 1999 and have known
since then about the Bridas v Unocal, $15 billion interference of contract lawsuit in US
District Court, Southern District of Texas. I also know about the Fifth Circuit Court of
Appeals decision on September 9, 2003 that upheld the Bridas $500 million arbitration
settlement and the March 22, 2004 denial of Writ of Certiorari at the United States
Supreme Court, Case 03-1018, Turkmenneft v Bridas."
From "Fresh Memories of War" by Kandea Mosley, The Ithaca Journal (New
York), 25 May 2002:
"We were told there were no friendly forces," said [Army Private Matt] Guckenheimer, an
assistant gunner with the 10th Mountain Division at Fort Drum. "If there was anybody
there, they were the enemy. We were told specifically that if there were women and
children to kill them."
Quote from "A Dossier on Civilian Victims of United States' Aerial Bombing of Afghanistan: A Comprehensive Accounting"
by Professor Marc W. Herold Ph.D., M.B.A., B.Sc.
Departments of Economics and Women's Studies McConnell Hall
Whittemore School of Business & Economics University of New Hampshire
When U.S warplanes strafed [with AC-130 gunships] the farming village of Chowkar-
Karez, 25 miles north of Kandahar on October 22-23rd,killing at least 93 civilians, a
Pentagon official said, "the people there are dead because we wanted them dead." The
reason? They sympathized with the Taliban.1 When asked about the Chowkar incident,
Rumsfeld replied, "I cannot deal with that particular village."
"American troops today admitted they routinely gun down Iraqi civilians - some of whom
are entirely innocent.
And in an admission that directly contrasts with the line coming out from the Pentagon's
spin doctors Specialist Corporal Michael Richardson added: "There was no dilemma
when it came to shooting people who were not in uniform, I just pulled the trigger."
The Crown would argue this issue isnít in her jurisdiction, however, it is in mine as a
expressive communicator fighting for freedom from real tyranny. An irrational tyranny
that only stands exercised by corporate "news bite" censorship, and false imprisonments.
An American Prosecutor put Sergeant Benderman in prison for refusing to kill Godís
children. Now, what do you really think America would do, if "they" knew that too?
Bush demands total impunity on the war crimes he is personally responsible for
CAIR also wants the Pentagon to investigate a photograph circulating the Internet of two
Iraqi boys and a U.S. soldier. A smiling soldier stands besides the two boys who are
giving a "thumbs up" sign, as one of boys holds a sign written in English that reads, "Lcpl
Boudreaux killed my Dad, th[en] he knocked up my sister!"
Guardian Wednesday 7, 2001 - "FBI claims bin Laden inquiry was frustrated" [this story was on Bushís top secret W199i directive]
This information would take a well paid intelligence officer, or CBC reporter no more that
thirty seconds to look for follow ups. For, I know, the BBC did also a national news
report on it.
INTERVIEWER: Are you aware that this tank is contaminated with radiation?
SOLDIER: No, it isn't radioactive.
INTERVIEWER: But we have measured it.
SOLDIER: No, it isn't radioactive, not this tank.
"Basra is on a river," he noted. "A DU shell poisons the water in a river. It poisons the
grasses and the grains. It sinks into the ground and poisons the water table. When it gets
into the body, it does incredible damage. The combination of radioactivity and heavy
metal toxicity is such that it affects the DNA in such a way that you get genetic
[thousands of tons of measured radio-active toxic waste, heavy metals, oxidized to
microscopic particles as small as a tenth of a micron have been deposited in our airspace,
however, CBC and CNN have refused to inform ourselves on the scientifically measurable
extremely serious health concern issue..]
Justice Department lawyer John Yoo, "In the exercise of his plenary power to use military
force," Yoo insisted, "the President's decisions are for him alone and are unreviewable."
Yoo was also quoted recently on CBC national news report regarding the torturing of
innocent people to death, to state something like "President Bush doesnít have to justify
his opinions to Canada or even to the United States for that matter."
U.S. deserter 'didn't want to have to kill babies'
"Mr. House will argue that American soldiers are guilty of war crimes and that forcing
Mr. Hinzman to fight in Iraq would have made him a war criminal.
He will call as a witness former U.S. Marine Staff Sergeant Jimmy Massey, who is
expected to testify that he and other soldiers shot more than 30 unarmed Iraqis,
including women and a six-year-old child, at a U.S. military checkpoint."
that a clandestine military task force in Iraq was beating detainees, ordering Defense
Intelligence Agency debriefers out of the room during questioning, confiscating evidence
of the abuse and intimidating the debriefers when they complained."
A sacked CIA official is reportedly suing the agency for allegedly retaliating against him
for refusing to falsify his reports on Iraq's weapons of mass destruction to support the
White House's pre-war position.
``I was faced with being deployed to Iraq to do what the infantry does, kill people, and I
had no justification for doing so,'' he testified. ``This was a criminal war. Any act of
violence in an unjustified conflict is an atrocity.''
Williams's squad stopped a dump truck, and an Iraqi climbed out. "Light him up!" the
sergeant ordered, according to testimony, and the squad opened fire, killing the unarmed
man. Williams and a squadmate reportedly got into an argument over which of them had
scored Company C's first kill.
It gets worse. We already knew about the Franklin County, Ohio, precinct that tallied
4,258 votes for Bush when only 638 people had actually voted.
Israeli Soldiers Going In For The Kill: A 13 year old Palestinian [JEWISH] school girl is
about to die
"It's a little girl. She's running defensively eastwards, a girl of about 10. She's behind the
embankment, scared to death."
"Anyone who's mobile, moving in the zone, even if it's a three-year-old, needs to be
US forces unleashed more than 20 air strikes and some 60 artillery rounds on Monday,
said Major Todd Desgrosseilliers. [...] An AFP reporter in the Jolan district said one
building in every 10 had been flattened. As US-led troops closed in on the neighborhood
overnight, at least four 900-kilogram bombs were dropped in the city's northwest.
[destructive radius of a 900-kilogram bomb is half a kilometer, and all TRUE accounts
of death rates for Fallujah alone, a city where the population was forbidden to leave,
exceed two hundred thousand innocent souls.]
The Bush Administration
In rush to defend White House, Rice trips over own words
Friday, March 26 @ 10:12:40 EST
By Walter Pincus and Dana Milbank, San Francisco Chronicle
"Deputy Secretary of State Richard Armitage contradicted Rice's claim that the White House had a strategy before Sept. 11 for military operations against al Qaeda and
the Taliban. The CIA contradicted Rice's earlier assertion that Bush had requested a CIA
briefing in the summer of 2001 because of elevated terrorist threats. And Rice's assertion
this week that Bush had told her on Sept. 16, 2001, that "Iraq is to the side" appeared to be
contradicted by an order signed by Bush on Sept. 17 directing the Pentagon to begin
planning military options for an invasion of Iraq."
"Deputy Secretary of State Richard Armitage contradicted Rice's claim that the White
House had a strategy before Sept. 11 for military operations against al Qaeda and the
This indicates that with the foreknowledge gained through prior experiences of Muslim
fundamentalists, such as the Taliban, being forbidden by their religion [Jihad] to persecute
the innocent, left the Bush Administration with only needing to do, and had officially
done, was to use no evidence to back up allegations to insure invasion plans, and as a
result, a deliberate treasonous criminal strategy to not follow the crime scene leads at the
real murder scene to nab to true evil doers. For otherwise - spoil the top secret plot.
Blix nor Elbaradei, nor Kofi, suggested, implied, or stated, that Iraq had failed to
comply with the newest U.N. resolution: 1441.
HANS BLIX: "And at this juncture, we are able to perform professional no-notice inspections all over Iraq and to increase aerial surveillance..."
With complete, one hundred percent access to go where ever the Bush Administration
pleased without delay, left a situation of an unjust war only detrimental to an ability to
bring about any good or better thing. American soldiers are being sacrificed for no better
good or reason understood, for if progress will ever be made, it will be when they work to
bring about a political situation that was there in Iraq before the Bush Administration
starting murdering innocent people for nothing . Well, not completely, for Bremer shipped
19 billion to Greenspan early on, then, hundreds of millions were sent back.
Professor Steven E. Jones, a tenured BYU professor, went public several weeks ago after
releasing a 19 page academic paper, essentially showing how the laws of physics do not
support the WTC's freefall and, consequently, the official government story.
It should be known that World Trade Center Building Seven was not struck by an airplane, yet fell exactly the same as the two towers.
Below both towers were found pools of molten steel, only creatable with the heating
by high explosives.
Excerpts from "Me, Art Bell, and 9-11 by Lisa Guliani"
The official version of the WTC collapses defy both Galileo's Law of Falling Bodies, and
also Isaac Newton's First Law of Motion.
..if we know that hydrocarbon fires can only reach a maximum temperature of 1517
degrees Fahrenheit, how could they possibly have melted this steel, when the melting
point of steel is 2,795 degrees and the boiling point of steel (when it becomes a molten
liquid) is 5,182 degrees Fahrenheit.
The existence of these burning pools of molten steel were confirmed by:
- Mark Lorieux of Controlled Demolition, Inc
- Peter Tully, President of Tully Construction
- and the American Free Press newspaper
"To be truthful about it, there was no way we could have got the public consent to have
suddenly launched a campaign on Afghanistan but for what happened on September 11..."
Tony Blair Speaking To House of Commons Liaison Committee
The Washington Post, 23 September 2001.
At American urging, Ahmed traveled ... to Kandahar, Afghanistan. There he delivered the
bluntest of demands. Turn over bin Laden without conditions, he told Taliban leader
Mohammad Omar, or face certain war with the United States and its allies.
Mahmoud's meetings on two separate missions with the Taliban were reported as a "failure." Yet this "failure" to extradite Osama without providing a shred of eidence was
part of Washington's documented design, providing a pretext for a military intervention
which was already in the pipeline. If Osama had been extradited, the main justification for
waging a war "against international terrorism" would no longer hold. Nor would the ready
to go Patriot Act. Incidentally, when MSNBC contacted the Whitehouse regarding the top
secret invasion of Afghanistan plan, it was confessed that the plan had been "fully
"Why of course the people don't want war ... But after all it is the leaders of the country
who determine the policy, and it is always a simple matter to drag the people along,
whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist
dictatorship ... Voice or no voice, the people can always be brought to the bidding of the
leaders. That is easy. All you have to do is to tell them they are being attacked, and
denounce the pacifists for lack of patriotism and exposing the country to danger." --
Hermann Goering, Nazi leader, at the Nuremberg Trials after World War II
On the wall of the National Holocaust Museum: " Thou shall not be a victim, thou shall
not be a perpetrator, and thou shall not be a by-stander"
SWORN before me
in the City of Winnipeg,
Province of Manitoba,
[this affidavit was sworn in federally and provincially as a massive
Canadian Constitutional challenge]
THE QUEEN'S BENCH
NOTICE OF MOTION
For an Order of Production
HER MAJESTY THE QUEEN,
This Notice of Motion regarding an Order of Production is to have disclosed to the defense, the complete evidence without undue hindrance, evidence the Crown holds against the accused as a member of our public. These following
arguments are the reasons why Justice must prevail in these proceedings:
Canadian Charter of Rights and Freedoms section 7. "No person shall be
deprived of life, liberty or security of the person except in accordance with the principles of fundamental justice."
R. v. Stinchcombe "[...] counsel for the Crown is under a general duty to disclose all relevant information."
In R. v. Stinchcombe, the Supreme Court of Canada held once again, as any legitimate Court of any land would, that the accused in criminal cases has a Constitutional right to full and complete disclosure of the Crown's case.
Yet, in the criminal case involving myself, the Crown's refusal to return my legal property [such as including my actual expressions] is motivated by contempt for fundamental justice - for true accountability - by intentionally working to deceive our Courts through denying the evidence of one: the charge against me is truly fraudulent under our law as it stands currently, and two: that I don't already have the silent moral support of every honorable top secret intelligence officer this world over.
Canada's "Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar"
"The RCMP notes that because national security investigations are criminal investigations, the possibility of judicial scrutiny always exists and the presence of this possibility acts as an indirect accountability mechanism." [Maher Arar was an innocent Canadian tortured and left for murdered by the irrational as criminal pro-bush forces negatively influencing Canadian jurisprudence.]
Firstly, I, like any, need ready easy access to all the evidence the Crown holds against myself, to indicate a possibly hidden motive behind her criminal allegations. For it is in our authority as a free society that the Crown
holds any legitimacy.
It would be unfair for our Courts to side with the unjust Crown on not giving me ready easy access to the evidence, but for only by hugely limiting degrees that include costly bus rides, or as the seriously impractical, hundreds of thousands of printed texts that would likely fill roomfuls.
I need to provide the evidence of my actual expressions to counter balance the false interpretations the Crown alleges, when it comes to asking where specifically the rights of a child are being compromised when she makes her defined as sexually dysfunctional inferences. All the images on my computer, deleted and otherwise, are not my expressions. Similarly, are all the written texts on my computer those of words I hold to be my own personal philosophy.
As indicated by the Supreme Court of Canada's Sharpe case, a defense against fraudulent accusations regarding the Rights of our children being compromised, can be readily addressed early on by understanding the possession charge in relative context to the personal life of the accused.
R. v. Sharpe
"Section 163.1(6) creates a further defence for material that serves an "educational, scientific or medical purpose". This refers to the purpose the material, viewed objectively, may serve, not the purpose for which the possessor actually holds it."
So, purpose of digital media as determined illegal must therefore, be backed firstly by criminal intent, for without any intent you have no purpose. A defense is made available by the Sharpe decision on personal\professional conduct to indicate actual established purpose of accused to prevent blind "overreaching". The Supreme Court of Canada's deep concerns of "overreaching" are very much apparent in my particular criminal matter. Conduct of
individuals who have lost their purpose in Police keeping, who aren't being managed to express through our Police actions, a public interest in where the "offensable" images are coming from, or came, but instead, where it's all
going as potential new innocent porno victims with millions of dollars worth
of stuff they can get away stealing. [I've read porno cops in America
recently acquired 300,000 more American names of households to raid, off of
one single server found managed in violation, but have taken a pause before then moving on to arrest anybody who has ever used the internet for whatever, to consider, just what have we gotten ourselves into here.] See, perfectly legal imagery can be made into illegal thoughts relatively quickly by the weaker irrationals that exist within our police services. Where, to prove for the record, a twenty two year old is only twelve, even when she has in her possession all her proper paperwork, completed puberty, a living mother, a popular working web site and historical documentations, is just foolishly impossible. While at Your end Mr. Surfer Citizen, your demonized guilty,
until proven innocent of thinking their faulting criminal perceptions, they do practically nothing to verify. Without needing to establish intent, they make off like bandits. See, under a simple possession charge, there is no allegations of intent to obtain or distribute something illegal, and likewise, not found a responsible public's interest in seeking the means of which the criminal content was as could be LEGALLY provided. The last thing we want in our dying world is a setup where private legal businesses are selling, promoting, and releasing content that only becomes illegal when the exploitation unit comes into your home to steal your stuff by grossly misunderstanding what the threat actually is.
By exercising our right to perceive representations of that which is made freely available, is of in itself, important to the sociologist, psychologist, concerned parent, and of course, the conceptualizing artist reflecting on our shared reality.
My private and public expressions are more tuned to those who are personally responsible in escaping arrest for running death squads against innocent children in Afghanistan financed by the undefended as uniformed American tax paying Public, [10th Mountain Division] a criminal enterprise still cashing in on the rewards of bush's mass murder campaigns. Or, the dropping of cluster
dud land mines throughout residential school districts to murder our children indiscriminately. Mercury tainted vaccines that for sure cause irreparable damage to North American children, or as currently, about John DeCamp's just released updated 2005 edition, about the secret White House-linked national child sex-ring entitled "The Franklin Cover-up." However, the real motivating factor [intent] in the Crown's purpose by attempting to pirate our public's right to defend Ourselves judiciously, is more specifically because I articulate the HONORABLE FBI's official publicly available findings on who orchestrated, and funded the crimes of 911. Namely, Mr. Bush Jnr. along
with his business partner, the still escaping Lieutenant General Mahmoud
[University of Ottawa Professor Michel Chossudovsky, has researched the Ahmad/Bush relationship as documented by CNN ABC et al, and can be quested for at www.globalresearch.ca]
The Crown to not fight on our behalf regarding this easily verifiable mass murder issue, is indicative of an intention, to cast aside the concern of all children who benefit from my communicating higher truths for the betterment of the entire public body. I ask our Court, who, in Canada, informs our public truthfully as I do, that the "scumbags" Canada's own General Hillier is referring to get Canadian youths for sure killed over in his nationally broadcasted barbaric adolescent bigotry, against all the INNOCENT students of Afghanistan, is of a People who factually opened up schools for girls under
the Taliban's getting better through communicating leadership?, and who outlawed Bush's heroin production, and the slavery and rape of women? Women
who were when working at the Taliban's newspaper, were not required to wear burkas despite CBC's propaganda to the contrary? The Crown would suggest her ignorance on such subjects is irrelevant to her case against me, for those children's lives, and others like them, are not who she is working to protect. So, where I demand is a crime against our real God occurring I ask the hiding in darkness Crown to explain herself publicly in the light of these
proceedings to our Honorable Lord.
The Crown's case argues that a determined selection of legal images, can be sited under a labeled classification of "collateral images", as somehow, unto it's separated self, being an indicator, or summation of my unbridled character. Therefor, to question such interpretations I need the luxury and comforts of a stress free environment to ponder the significant meaning of
each of these collateral damages against ourselves as the innocent the Crown argues for as a weapon of Justice. For, those personally responsible for
making repeatedly easily verifiable faulting expressions with the evidence the Crown refuses to return to me as my legal property, are in all likelihood, still blabbering corporately un-accosted, the completely blind support of indiscriminate mass murder in thoughtless praise for war criminal traitor to Humanity George Bush Jr., their supreme no nothing about squat leader. While myself, am a well documented public defender of children's rights and a studious observant researcher on media matters, who is schooled in the
field(s) of Psychology and Genetics, Sexuality and Religion, along with the chaotic order to the indivisible nature of life ourselves. [And who when not terribly busy building this needed defense against the Crown's alleged