Friday, February 18, 2011

Court Hearing Postponed / Part 440 / For Love and For Justice / Zabeth and Paul Bayne

In a follow-up comment on my same blog post of a couple of days ago, confidant, advisor and advocate to the Baynes, Ray Ferris provided an update to the scheduled court hearing regarding Josiah. Please don't misunderstand but catch Ray's sardonic turns of phrase.

Ray Ferris said... "OOPS! OOPS! OOPS! TRIPLE OOPS!

"When the MCFD rushed in to snatch the Bayne baby on Feb 10th, they locked themselves into having to go to court and file presentation papers within one week. The case was set down for hearing this morning in the Surrey court. Conspicuous by his absence was the worker who swore the affidavit. This means that he could not be questioned on it.When the Baynes got to court they found that the director had already arranged to have the matter adjourned to Feb 24. The judge refused to let the Baynes speak, so once more the system is stacked against them. The judge did say that she recommended the case should be heard by Judge Crabtree, so someone is listening to me. Now I will tell you what is really happening here. The answer is simple DAMAGE CONTROL.

You see it goes something like this. When director Bruce McNeill spent months and years trying to decide whether to follow his lawyer's advice to return the Bayne kids, he painted himself into a corner. If he backed out after all that time he would look bad. No matter because the Baynes had no more money for lawyers and would be defenceless. Then that darned Doug Christie ruined all the plans and people were saying unkind things on the Ron Unruh blog. People are so heartless you know. Then that wretched Bayne woman makes life even more complicated by getting pregnant again in the middle of the trial. Not only that it was a planned pregnancy! How could she do that to him? In defence of Mrs.Bayne, she feels that she has a lot of mother love to give and she always wanted another child. Nobody could believe that the trial would go past September and she would be delivered long after it was over.

Anyway, this left poor Bruce McNeill with a terrible dilemma.How could he possibly rant on for three years that the Baynes were totally unfit parents and then ignore this new child. He must show stern resolve and remove it at birth. If he did not, he would look weak and nobody would respect him. However, he is of course a man of profound compassion and he sought a way out for himself and the baby. If the parents would would work diligently and sincerely with his staff and allow them to help her with her pregnancy, then they might be able to agree on a parenting plan which would avoid apprehension and also demonstrate his benevolence. This might have worked fine if that dreadful man Ray Ferris had not interfered and Ron Unruh had not backed him up. He actually told Mrs. Bayne to have no contact with him (the Director) or his staff because it would put too much stress on her during her pregnancy. What a terrible thing to say and that wounded him deeply. What choice did that leave the poor fellow but to apprehend at birth?

So he summoned his trusty obedient servant Mr. Darth Humeny and said "Go to that hospital, grab the Bayne baby and do not come home without him." So Humeny jumped onto his black stallion, and galloped off to the Royal Columbian Hospital. He stormed into the nursery, spurs jingling and loudly announced that he was apprehending the Bayne child and that from now on he was Josiah's daddy."
February 17, 2011 4:14 PM

"He paused only to drop by Zabeth's room and tell her what he had done.He asked her to understand that he was only obeying orders. Oddly enough, Zabeth was not in the mood for a chat.

He next went back to the nursing station and asked how soon he could come in with a foster mother to pick up the baby. It was only then that he found out that Josiah would take at least a couple of weeks to gain the necessary weight. OOPS! DARN. If only he had thought to ask on the way in. He could have phoned the boss for instructions, but now he had announced that Josiah was in care and he could not back out. The best that he and the boss could come up with was to try to see how they could restrict access to the Baynes in the special care nursery. Obviously the best thing for Josiah was mother's milk and the medical staff favoured breast feeding. Because he was so small Baby Bayne had to drink expressed milk for a few days. Bingo!

They put a ban on expressed milk. These dangerous parents would probably poison the bottle.

They seemed to be back in control, but all hell broke loose. Facebook news travels fast. Soon the Rep for children and youth was being swamped with letters. Members of the legislature were getting an earful and so was the minister and the deputy minister. I was writing to everyone pointing out that there had been no less disruptive plan explored as requred by law. The child would be perfectly safe until Judge Crabtree ruled at the end of the month and the parents had unrestricted access to their baby and he was bonding with his mum.

Humeny that he could salvage the situation, by simply withdrawing his complaint and making up the sort of feeble excuse that they do so well.

So this morning's court was an exercise in damage control. Everybody was saying to the director that he should get out of this before he did any more damage. Of course Bruce could not risk losing face by withdrawing the complaint, so he dashed off to his trusty lawyer, pleading for rescue. The lawyer did what all lawyers do when they are in a jam. You ask for an adjournment. So they got an adjournment with no change in the status quo. No interim custody order of any sort. Legal limbo. Judge Crabtree has given himself until the end of February to announce his ruling. There are only two more working days left after the scheduled court date, so it is virtually certain that the ruling will be out by then and all will be resolved. If the ruling is against the ministry there will be a media storm and this last piece of stupidity will be buried in the waves.

If only McNeill had listened to me in mid December when I urged him to be cautious and not to move before Judge Crabtree's ruling. If only Leslie Dutoit had followed my request to her to urge prudence on her director. As the due date drew nearer, I urged them again to be prudent. This reckless action gained them nothing and only added more difficulties for the Bayne parents When the Baynes are so distressed, all their supporters are also distressed."
February 17, 2011 4:19 PM 

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