february 26 2013 affidavit of andre murray supporting application

7/29/2019 February 26 2013 Affidavit of Andre Murray Supporting Application

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In

09458205, 09479105,

New Brunswick Provincial Court (Provincial Court Office of Fredericto

BETWEEN:HER MAJESTY THE QUEEN

and

ANDRE CHARLES MURRAY

FORM 2AFFIDAVIT OF

Andre Murray

New Brunswick Rules of Provincial Court Practice

I, Andr Murray, of the City of Fredericton, County of York, in the Province of N

Brunswick, Artist, MAKE OATH AND SAY AS FOLLOWS:

(1)I Andr Murray, have personal knowledge of the matters herein deposed to eotherwise stated.

(2)On the April 10, 2012, at or about 6:30 PM, accompanied by a witness ShaneAndr Murray, Pursuant to New Brunswick Rules of Court, Rule 18.02(1)(a), ca

Rodgers to be Process Served - Court Documents; Trina Rodgers is found namedsubject documents as INTENDED RESPONDENT (Defendant); subject Process

occurred at Trina Rodgers place of residence civic address: 15 Fisher Ave, Frede

E3A 4J1 by leaving with Defendant Trina Rodgers an Envelope containing the fherein below described documents

NOTICE OF MOTION FOR LEAVE TO APPEAL (FORM 62A) Da2012;

Affidavit of Andre Murray; Dated April 5, 2012;(3)April 10, 2012, at or about 6:30 PM, despite the fact, that I had taken precautminute before being assaulted by Neil Rodgers, as I approached Trina & Neil Rocalmly, although clearly articulated my intentions to Process Serve Court docum

Trina Rodgers, at which time Trina Rodgers immediately ran into her house, fur

despite my being approximately one hundred feet from the entrance to Trina Ro


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recording provided by Shane Henry to be used as evidence in this matter) I was o

attacked by Neil Rodgers, who continued to injure me, at this time (as I walked

Rodgers) on my way to Trina Rodgers residence civic address: 15 Fisher Ave, FNew Brunswick, E3A 4J1, Neil Rogers attacked me from behind, wrapped his le

around my neck, (what is commonly known as a head lock) thereby suspendinby my neck, thereby, forcibly moving my head to a lowered position, at which ti

was still standing, although, being held down by the subject head lock in a ben

position, I was struck directly in my front forehead and or head and face area by hand and or fist of Neil Rodgers, moreover, please note that I was struck by Neil

with sufficient force that I almost lost consciousness.

(5)Furthermore, as I attempted to maintain my balance and recover from the sudof being struck in the head by the closed fist of Neil Rodgers I made my way to b

in front of the entrance door of Trina Rodgers residence civic address: 15 Fisher

Fredericton, New Brunswick, E3A 4J1, at which time, as Trina Rodgers stood obinside the entrance doorway, as I was about to Process Serve and or pass the sub

Documents to Trina Rodgers, Neil Rodgers once again attacked me,; this definit

separate occurrence of assault upon me by Neil Rodgers involved Neil Rodgers

me from behind, Neil Rodgers positioned himself to be choking me from behindNeil Rodgers pulled me backwards almost consequentially, damaging my back a

Neil Rodgers continued pulling me backwards and across a horizontal railing at of Trina Rodgers residence civic address: 15 Fisher Ave, Fredericton, New Bru

4J1; this assault was especially harmful as Neil Rodgers was suspending his enti

from my neck while twisting and pulling me backwards.

(6)I deny the false claims of Neil Rodgers that I assaulted him and say it with grthat Neil Rodgers is (as the case may be) wilfully swearing a false oath and or is

affirmation to tell the truth, whether spoken or in writing, concerning these subjeassault; moreover Neil Rodgers and his wife Trina Rodgers together with their a

Thomas Neil Rodgers have deliberately, and wilfully given false, misleading, in

or incomplete testimony, therefore, fraudulently claimed that I assaulted Neil Rowhich has provided Members of FREDERICTON POLICE FORCE with an ince

move to action and or impel. Members of FREDERICTON POLICE FORCE to

of assault against me.

(7)The April 10, 2012 exchange, between myself and Neil Rodgers was recordeaudio/video camera, by the witness which accompanied me to 15 Fisher Ave, Fr

That witnesses name is Shane Henry.The subject audio/video camera recorded by Shane Henry on April 10, 2012, wh

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At this juncture of my Affidavit I will provide a history along with information,

intended to assist the Honorable Court in its deliberation of thoughtfully weighioptions and arguments to evaluate the possibility of prejudice and or bias of Mem

FREDERICTON POLICE FORCE, thereby motivating complicity with the comthis subject matter: Neil Rodgers, Trina Rodgers and Thomas Neil Rodgers or as

appropriate in light of the herewithin below provided evidence.

(9)I Andr Murray, since year 2005 until June 1, 2012, was a Residential Leasehof civic address 29 Marshall Street, and 31 Marshall Street, in THE CITY OF

FREDERICTON, New Brunswick; a residential duplex having separate entrancwhich faced and or are directly adjacent to the Rodgers family civic address of 1Avenue; two houses built facing each other so that the dining room and kitchen w

15 Fisher Avenue, directly face the entrances of civic address 29 Marshall Street

Marshall Street which the self affirmed Neil Rodgers by Affidavit affirmed that informant working closely with Members of FREDERICTON POLICE FORCE

and his family together maintained a constant surveillance of Andr Murrays du

residence, front door entrances ;

(10) I Andr Murray while travelling by bicycle within THE CITY OFFREDERICTON, May 7, 2008, was intercepted by Members of FREDERICTOFORCE then without warning physically attacked resulting in injuries by the con

Members of FREDERICTON POLICE FORCE during the false arrest and impro

procedure thereof.

(11) I Andr Murray, required months of physical therapy, to recover frominjuries, thereby suffered at the hands of Members of FREDERICTON POLICE

moreover, the subject injuries are entirely as a consequence of the actions of MeFREDERICTON POLICE FORCE during the subject May 7, 2008 incident.

(12) I Andr Murray have, immediately following said subject May 7, 200been continuously pursuing remedy regarding this matter.

(13)

Tuesday, May 5, 2009, at 3:34 PM, I Andr Murray did file a complaMembers of the FREDERICTON POLICE FORCE, regarding the May 7, 2008 the NEW BRUNSWICK POLICE COMMISSION. The subject Complaint, of w

titled Complaint against members of the Fredericton City Police Department

Andr Murray using e-mail: [email protected] to: [email protected]

(14) M 5 2009 4 13 PM I A d M did i k l d


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POLICE FORCE, therefore, acknowledging receipt of my complaint, S/Sgt. Dan

using his email address: [email protected] to: Andremurraynow@gma

subject of the email was Your complaint against members of the FREDERIPOLICE FORCE

(16) Chief of Police Barry MacKnight, did write a letter, Dated SeptembeNotifying me Andr Murray of his decision to summarily dismiss my complaint

FREDERICTON POLICE FORCE File number, (FPF File 09- 10302) regardiMurrays complaint, against the FREDERICTON POLICE FORCE, regarding

2008, incident.

RTIPPA Request - Police Commission file number 2010-RTIPPA-0

(17) Contrary to reasonable or common sense behavior, the subsequent anabsurd or ridiculous justification of FREDERICTON POLICE FORCE regardingmentioned subject incident of May 7, 2008, obliged, that I Andr Murray, Septe

2010, pursuant to RTIPPA: Right to Information and Protection of Privacy Act,

c. R-10.6 apply for access to correspondence and other documents, in the posses

FREDERICTON POLICE FORCE which may reveal other possible motivationsoutrageously violent behavior and consequential physical injury inflicted upon A

by members of FREDERICTON POLICE FORCE, who unlawfully, although pudetained Andre Murray, so that Trina Rodgers could be transported by a detectiv

unmarked Police car so that Trina Rodgers could be at the scene observing there

witnessing from a front seat of an unmarked Police Detective Saunders car.

(18) I Andr Murray as a consequence of having filed complaints with botBRUNSWICK POLICE COMMISSION (File: 2110 C- 09- 09), and FREDER

POLICE FORCE regarding the herewithin above mentioned Wednesday, May 7reasonably: false arrest of Applicant Andr Murray, for these reasons according

New Brunswick legislation known as RTIPPA any applicant may under this legi

access to subsequent investigations and results/conclusions determined thereof, to peruse relevant documents according to a RTIPPA application: Police Commi

number 2010-RTIPPA-02.

(19) Fri, Nov 5, 2010 at 3:27 PM, I Andr Murray, received a letter from TBrunswick Police Commission, which read After seeking third party interventioFREDERICTON POLICE FORCE, we are partially granting access to the reque

records. The letter indicated that The NEW BRUNSWICK POLICE COMMISbe disclosing a portion of the records requested, while notably confirming that th

P li f FREDERICTON POLICE FORCE i l d i h d i i


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the FREDERICTON POLICE FORCE and copy provided to New Brunswick Po

Commission. Please Note NEW BRUNSWICK POLICE COMMISSION is prep

provide only partial disclosure of the investigation report, with therefore, the madocument has simply had personal (or possibly actionable) information deleted o

out;.

(21) Despite RTIPPA legislation compelling NEW BRUNSWICK POLICCOMMISSION to provide certain documents in their possession, however NEWBRUNSWICK POLICE COMMISSION confirmed verbally with Andre Murray

further placed into written correspondence addressed to Andr Murray the substa

correspondence denies Andre Murray to full access to documents in their possesto this matter - 48 pages of Appendix C.

(22) Furthermore, January 13, 2011, NEW BRUNSWICK POLICE COMnot only refused Andre Murray access to documents in their possession; howeveBRUNSWICK POLICE COMMISSION did provide for examination had the su

blackened out, from the above mentioned subject documents as requested by An

pursuant to NEW BRUNSWICK POLICE COMMISSION File: 2110 C- 09- 0

NEW BRUNSWICK POLICE COMMISSION File: 2010 RTIPPA- 02.

(23) I Andr Murray, subsequently, having reviewed subject NEW BRUNPOLICE COMMISSION File: (File: 2110 C- 09- 09 ) 2010 RTIPPA- 02, subj

investigation report: the Summary and Conclusion revealed the cause of Appl

Murrays physical battery and arrest has resulted and been caused by Police info

identities have simply had all personal (or possibly actionable) information deletout including their identity - the following is an exact excerpt:

Investigative Summary blacked out, a blacked out has provided a statement thaa male closely matching the description of a suspect in some type of crime, as

contacted the police station, and Cst. Debbie Stafford attended the area and atte

and identify the individual.

(24) The herein above mentioned partial disclosure did reveal that the FrePolice were called by a he who gave a description of he observed a male clos

the description of a suspect in some type of crime that was the actual reason waccosted by Members of FREDERICTON POLICE FORCE May 7, 2008.

March 5. 2009 incident(25) FREDERICTON POLICE FORCE claim to have investigated Andre

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2009, incident. A letter, which I Andr Murray received from Staff Sergeant Kat

July 15, 2010, did state that evidence which Staff Sergeant Katherin Alcorn did

telephone conversation recordings to dispatch indicates conclusively, that MeFREDERICTON POLICE FORCE did respond to a telephone call, which resulte

Members of FREDERICTON POLICE FORCE arriving at Andr Murrays Marresidence location. The conclusion one reasonably reaches and I Andr Murray v

to be true, from the above excerpt, is that someone did contact FREDERICTON

FORCE, I Andr Murray verily believe that it was either Neil Rodgers or Trina as a consequence FREDERICTON POLICE FORCE would have contacted the w

involved, Defendant Neil Rodgers and or his wife Trina Rodgers to confirm his

testimony of the event.

(26) I Andr Murray do verily believe, that, the allegations made, against Rodgers regarding the March 05, 2009, incident are justified. In a response to a

ACTION AND STATEMENT OF CLAIM filed by Andre Murray as (Court FilF/C/45/11) with Court of Queens Bench, Fredericton, Trial Division (naming bo

Rodgers and Tina Rodgers as defendants), Defendant Neil Rodgers and Defenda

Rodgers provided a Statement of Defence and Counter Claim Dated October 4, 2

paragraph 1, wherein Defendant Neil Rodgers and Defendant Trina Rodgers didTrina Rodgers may have contacted the Fredericton Police Force, however if shphone call would have been in regards to Andr Murray. Which is, a not so cleobfuscating the fact, that Defendant (in that matter) Trina Rodgers did indeed ca

FREDERICTON POLICE FORCE, as alleged by Plaintiff Andre Murray (in tha

Court File Number F/C/45/11) regarding the subject March 05, 2009, incident.)

Neil Rodgers and Trina Rodgers

(27) The significant deviant behaviour of Neil Rodgers and Trina Rodgersunrelenting, continuous, day by day, harassment campaign beginning each day w

Neil Rodgers and Trina Rodgers observing Andr Murray as his daily property mchores were conducted about the yard, this subject harassment was achieved by

means, although became repetitive since the initial encounter with the Rodgers f

2005. Neil Rodgers and Trina Rodgers have apparently amused themselves, by witness against Andr Murray, thereby complaining to FREDERICTON POLICmaking frivolous complaints, therefore, always realized to be consequentially la

substance, whatsoever.

(28) I Andr Murray verily believe that were the Members of FREDERICPOLICE FORCE i d b hi h bl C d h h l i


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investigations, which, since 2005 have never resulted in any charges being laid a

Murray.

(29) Neil Rodgers and Trina Rodgers method of harassing Andr Murrayonly confined to bearing false witness against him, therefore, manipulating MemFREDERICTON POLICE FORCE as a weapon to be deployed, to disrupt Andr

peaceful enjoyment of his residence; other methods of harassment included Nei

Trina Rodgers therefore uttering obscenities by yelling over the 100 linear foot pwhich Andre Murray was forced to erect at his own expense, between the Rodge

and Andre Murrays residence houses, which the entire 100 feet was methodical

and destroyed late one evening by unknown people; nevertheless Andre Murray subsequent fence in a attempt to maintain privacy of his coming and goings; pleafence was located on the property, which Andr Murray was leasing and directly

Rodgers family house and Andre Murrays residence, out of sight of all other ne

despite this isolated location, each fence was destroyed apparently without the Rknowledge, despite the location of the fences being only fifteen feet distance fro

windows used by the Rodgers to maintain their surveillance of Andre Murray as

informants the Rodgers have claimed to be, by Affidavit.

(30) I Andre Murray verily believe that Neil Rodgers and Trina Rodgers erealized that uttering threats and or obscenities (as were constantly occurring) thdirected at Andre Murray, across the dividing property line, did not provoke And

the Rodgers escaladed the harassment by actually departing from their property

onto the leasehold property of Andr Murray and using video cameras, they con

harassment campaign throughout all seasons, literally following Andr Murray aproperty, as he performs his daily outdoor chores. Apparently at a certain point t

methods of victimizing of Andr Murray was not satisfactory in achieving the re

irrational goals of Neil Rodgers and Trina Rodgers, at which time Neil Rodgers Rodgers then began to stalk Andr Murray as he departed from his property by b

foot as a pedestrian, which was relatively easy for them to pursue him in their au

(31) I Andre Murray verily believe Neil Rodgers and Trina Rodgers fromautomobiles using cell phone communication maintained a surveillance of Andr

he travelled about THE CITY OF FREDERICTON various precincts and or Wathe severity was noticeably greatest when within one mile of his Marysville resid

(32) I Andre Murray verily believe Neil Rodgers and Trina Rodgers did cand repeatedly run over onto Andre Murrays property to take pictures of Andrwhile Andre Murray was doing mundane activities, such as was mowing the law

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Property, at civic address 29 and or 31 Marshall Street, in the city of Fredericton

Brunswick. On many occasions Neil Rodgers in his truck, did follow Andr Mur

the Marysville area, harassing Andr Murray and further shouting from his opentruck window, objectionable accusations and generally offensive obscenities at A

Murray.

(33) Please note that I Andr Murray, served FREDERICTON POLICE Fan AMENDED NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTA(FORM 16A), Dated September, 8, 2011, Court File Number: F/C/45/11; howev

same afternoon of 9th day, of September, 2011, as I was attempting Court Docu

Service upon Neil Rodgers and Trina Rodgers at their residence, for the first tim2005, the Rodgers now began to avoid any contact with me, thereby, refusing todoor and thereafter the Rodgers ceased to be outdoors (as is their common practi

leave the house (if they observed me outside) presumably in an attempt to not be

Served the subject Court documents; I would attend daily until finally Septembesurprised Neil Rodgers.

(34) I Andr Murray verily believe that Members of FREDERICTON POFORCE, following the Process Service of the relevant Court documents uponFREDERICTON POLICE FORCE, 9th day, of September, 2011, did contact an

Rodgers and Trina Rodgers, and as a result of this subject Police contact and advRodgers and Trina Rodgers did temporarily discontinue their usual course of con

conduct directed towards me, and alternatively initiated avoidance strategies reg

personal movement, therefore, began a course of conduct intended to frustrate A

Murrays Court Document Process Service attempts upon them, which succeedeSeptember 15, 2011.

(35) I Andre Murray verily believe that Process Serving of Neil Rodgers aRodgers became very difficult, because Neil Rodgers and Trina Rodgers were n

making their daily routine appearances outside their house, and when I did appro

house they would run into their house, locking the door, refusing to answer my kthe entrance door to their house, no answer to my knocking was forthcoming.

(36)

Finally I Andr Murray was successful at service, of the relevant Coudocuments, September 15, 2011, by driving up their driveway in the back seat ofcab van, and further I had two witnesses, therefore, witness me Process Serve N

and Trina Rodgers, by way of leaving with Neil Rodgers a copy of the subject C

Documents. Neil Rodgers did at that time attempt to evade service, first attemptinto the house, and secondly denying repeatedly that though he was served accor

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Registered mail, while at the same time unreasonably requiring that they Neil Ro

Trina Rodgers must be served only by professional process server.

(38) In Neil Rodgers and Trina Rodgers Statement of Defence and CountOctober 4, 2011, (which was not Process Served upon Andre Murray until two wallowable time according to rules of Court) they did state that: Neil Rodgers anRodgers have never ridden in the back of a police car, either marked, or unmark

is, a not so clever way, of obfuscating the fact, that Trina Rodgers did not deny front seat, of the unmarked Police Cruiser, as witnessed and evidenced within th

Andr Murray, regarding the subject May 7, 2008, incident. Andr Murray veri

that the claims made, against Trina Rodgers regarding the May 07, 2008, incidenjustified and the Amended Statement of Claim deserves to be heard on its meritsdiscovery).

(39) Andr Murray verily believe, that the claims made against Neil Rodgregarding the May 07, 2008, incident are justified, as evidenced by the Investiga

Summary provided by NEW BRUNSWICK POLICE COMMISSION and autho

on behalf of FREDERICTON POLICE FORCE, furthermore, a AMENDED NO

ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A), Dated8, 2011, Court File Number: F/C/45/11, deserves to be heard on its merits.

(40) March 5, 2009, Members of FREDERICTON POLICE FORCE on aRodgers false arrest Andr Murray resulting in physical injury at the hands of

the Fredericton Police Force. I Andr Murray have consequentially been unable

capacity) since the subject assault and battery of March 5, 2009. Please note: I Ahave been required by my doctor to wear an arm brace and attend physiotherapy

subject physiotherapy continues to this day, resulting from those subject injuries

not yet healed.

(41) Late 2009, I Andr Murray did file a complaint with FREDERICTONFORCE, regarding the herein above mentioned subject March 5. 2009, incident, Police Assault, Battery and unlawful Arrest upon myself, Andre Murray. This su

5, 2009, incident complaint, is found within New Brunswick Police Commissi

9000 C- 09- 61 ) which also exists as a request according to Right to Informatioas File: 2010 RTIPPA- 01 regarding the March 5, 2009 Police Assault, involviand False Arrest, of which New Brunswick Police Commission have advised me

not received complete disclosure. Nevertheless, documents which New Brunswi

Commission have released into my possession revealed what the attending MemFREDERICTON POLICE FORCE did regarding the March 5, 2009, Assault, in

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having just finished shovelling the driveway to my residential dwelling, at 29 M

and 31 Marshall Street, in the City of Fredericton, was again assaulted, battered

by members of the Fredericton Police.Please note: RTIPPA inquiries revealed that members of the FREDERICTON P

FORCE attending the residence of Andr Murray, March 5, 2009 had been direc(identities concealed) further, Police informants, who by telephone transmission

Andr Murray to the FREDERICTON POLICE FORCE as being outside his res

shovelling snow from the driveway.

(42) Andr Murray has been subjected to an apparent co operative effort action designed to achieve a particular goal (object yet unknown) evidentially, thsince year 2005, an organized harassment campaign implemented against Andrsince Andr Murray became a Leasehold Tenant residing at duplex civic address

Street and 31 Marshall Street, in the City of Fredericton. There can be little que

magnitude of this group which has its tentacles within City Hall of THE CITY OFREDERICTON which reasonably extended its influence Someone and employ

Members of local FREDERICTON POLICE FORCE. However, with false and

unfounded allegations, these victimizers have united in their common goal to vic

Murray, in this case becoming the victim of repeated violence at the hands of theoffenders who are Members of FREDERICTON POLICE FORCE. I Andr Mu

believe that those persons making the most significant fraudulent representationsinclude both Neil Rodgers and Trina Rodgers.

Neil Rodgers

(43) FREDERICTON POLICE FORCE did investigate the subject membeFredericton Police Force, were reportedly required to withstand scrutiny of an P

investigation into the possible criminality of their conduct furthermore did invesregards to service of policy because of the complaint filed May 5, 2009 by Andr

resulting from the May 7, 2008 incident. The FREDERICTON POLICE FORC

would have contacted Neil Rodgers, regarding his involvement in the May 7, 20alleged by Andr Murray. The summary to the subject Police Report does state :

Investigative Summary (blacked out), a (blacked out) has provided a statement observed a male closely matching the description of a suspect in some type of c

resulthe contacted the police station, and Cst. Debbie Stafford attended the area

attempted to stop and identify the individual. Emphasis added by me. The conc

reaches and I Andr Murray verily believe to be true, is that from the above exce

male (the alleges this was Neil Rodgers), did contact the Fredericton Police Foconsequence the FREDERICTON POLICE FORCE would have contacted Nei

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intended that all parties who may be affected must be advised, specifically, to en

Neil Rodgers if he consents to providing Andr Murray, with the information as

Andr Murray do know that when someone is requesting information pursuant toInformation and Protection of Privacy Act, S.N.B. 2009, c. R-10.6, as I did have

experience on the receiving end, then as a named person within the subject file oPublic body holding the file, is as a matter of policy and protocol, compelled to c

named party and enquire if that party does consent to disclosure.

(45) I verily believe because of(Police Commission file number 2010-RTand ot the herein above mentioned complaint that FREDERICTON POLICE FO

investigate the subject members of the Fredericton Police Force, who were reporrequired to withstand scrutiny of a Police investigation into the possible criminaconduct; moreover FREDERICTON POLICE FORCE did investigate in regards

policy, because of the complaint filed November 5, 2009, by Andr Murray, resu

the March 5, 2009, incident. FREDERICTON POLICE FORCE would have coRodgers, regarding his or Trina his wifes, involvement in the March 5, 2009, in

alleged by Andr Murray. A letter, which I Andr Murray received from Staff S

Katherin Alcorn, July 15, 2010, did confirm existence of evidence, which Staff S

Katherin Alcorn did consider was telephone conversation recordings to dispatcindicates conclusively, that FREDERICTON POLICE FORCE did respond to a

call, which resulted in Members of FREDERICTON POLICE FORCE arriving aMurrays Marshall Street duplex residence location. The conclusion one must re

reach and that I Andr Murray verily believe to be true, from the above excerpt,

Staff Sergeant Katherin Alcorn, is that someone did contact FREDERICTON PO

FORCE, I Andr Murray verily believe, that it was either Neil Rodgers or Trina did contact FREDERICTON POLICE FORCE and as a consequence FREDERI

POLICE FORCE would have contacted the witness involved namely, as I verilyNeil Rodgers or his wife Trina Rodgers to reasonably confirm his or her testimonevent, inter alia.

(46) February 23, 2011, Neil Rodgers did make oath and swear an affidavbearing false witness against Andre Murray wherein Neil Rodgers affirmed that

and untrue claims regarding a fictitious, fugitive from justice, who Neil Rodgers

claimed Andre Murray was giving shelter to and or harbouring a criminal; this I

believe was one more effort to have members of FREDERICTON POLICE FORagain disrupt Andr Murrays peace and quiet; therefore Neil Rodgers lied gave

evidence under oath that Andr Murray was (to the effect) harbouring a fugitive

or 31 Marshall Street, residence in the city of Fredericton N.B., despite Neil Rohaving claimed to have actually witnessed this fictitious person at Andr Murray

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bad faith claims made by Neil Rodgers which continue to be frivolous, vexatious

obstruction of justice, inter alia.

(47) Neil Rodgers in a February 23, 2011, by sworn Affidavit, submitted bRodgers to the Court of Queens Bench, Fredericton, Division, did admit to mainconstant surveillance of Andr Murray, both at Andre Murrays Marshall Street,

N.B. residence, inter alia, consequentially, therefore I verily believe this to be a t

admission of Neil Rodgers engaging in invasion of my privacy regarding my affurthermore, is conclusive evidence of Neil Rodgers, having a illegal and unlaw

Andr Murrays affairs. I Andr Murray verily believe that this herein subject A

Neil Rodgers is significant evidence that my claims regarding the malicious devbehaviour of Neil Rodgers are valid and well founded.

Trina Rodgers

(48) FREDERICTON POLICE FORCE did investigate the subject membeFredericton Police Force, were reportedly required to withstand scrutiny of an P

investigation into the possible criminality of their conduct, furthermore did inves

regards to service of policy because of the complaint filed May 5, 2009 by Andrresulting from the subject May 7, 2008 incident. FREDERICTON POLICE FOR

have reasonably contacted Trina Rodgers, regarding her alleged involvement in 2008 incident, as alleged by Andr Murray. I Andr Murray verily believe that T

was sitting in the front seat of the unmarked Police Car driven by Constable Mic

Saunders. The conclusion one reaches and I Andr Murray verily believe to be tr

Trina Rodgers, was the witness and participant in the May 7, 2009, incident, as aAndr Murray, consequentially FREDERICTON POLICE FORCE would have

Trina Rodgers to confirm her testimony of the event thereby making a Record offirst of all coordinating the transportation of Trina Rodgers and secondly to eye identify Andr Murray.

(49) I verily believe that Trina Rodgers would have been contacted regardSeptember 27, 2010, filing by Andre Murray of a request pursuant to Right to In

and Protection of Privacy Act, S.N.B. 2009, c. R-10.6, through which, I Andr M

apply for certain relevant documentation concerning Trina Rodgers, inter alia (P

Commission file number 2010-RTIPPA-02). The FREDERICTON POLICE FOreasonably contacted regarding disclosure of the subject documentation and the

probabilities are such, that Trina Rodgers would have been contacted, specificall

with her, if she did consent to providing Andr Murray with the requested informconcerning matters in which Trina Rodgers would be named. I Andr Murray am

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scrutiny of a Police investigation into the possible criminality of their conduct, f

FREDERICTON POLICE FORCE did investigate in regards to service of policy

complaint filed November 5, 2009, by Andr Murray, resulting from the March incident. FREDERICTON POLICE FORCE would have contacted Trina Rodge

her involvement in the May 7, 2008 incident as alleged by Andr Murray. A letteAndr Murray received from Staff Sergeant Katherin Alcorn, July 15, 2010, did

evidence which Staff Sergeant Katherin Alcorn did consider was telephone con

recordings to dispatch which indicates conclusively that FREDERICTON POLdid respond to a telephone call, which resulted in the FREDERICTON POLICE

arriving at Andr Murrays Marshall Street residence location. The conclusion o

and I Andr Murray verily believe to be true, is that from the above provided excSergeant Katherin Alcorn, someone did contact the Fredericton Police Force by furthermore, I Andr Murray verily believe that it was either Neil Rogers or Trin

as a consequence the FREDERICTON POLICE FORCE would have contacted t

as the case may be, namely, Neil Rodgers and or Trina Rodgers to confirm his ortestimony of the event.

(51) I verily believe, Trina Rodgers would have been contacted regardinSeptember 27, 2010, filing of a request pursuant to Right to Information and ProPrivacy Act, S.N.B. 2009, c. R-10.6, through which I Andr Murray did apply fo

documentation concerning Trina Rodgers [New Brunswick Police Commission 9000 C- 09- 61 ) 2010 RTIPPA- 01] FREDERICTON POLICE FORCE was

regarding disclosure of the subject documentation and the balance of probabilitie

Trina Rodgers would have been contacted, specifically, to enquire with Trina Ro

did consent to providing Andr Murray with the information as requested. I Anddo know that when anyone requests information pursuant to Right to Informatio

Protection of Privacy Act, S.N.B. 2009, c. R-10.6, as I did have occasion to expereceiving end, then as a named person within the subject file of interest, the Pubholding the file, is as a matter of policy and protocol, compelled to contact the na

and enquire if that party does consent to disclosure.

(52) In Neil Rodgers and Trina Rodgers Statement of Defence and CountOctober 4, 2011, paragraph 1, they did state that: Trina Rodgers may have contFredericton Police Force, however if she did, the phone call would have been in

Andr Murray. Which is, a not so clever way, of obfuscating the fact, that Trinaavoid denying that she was calling the FREDERICTON POLICE FORCE, as all

Andr Murray, regarding the subject March 05, 2009 incident. Andr Murray do

believe, that the claims made, against Trina Rodgers regarding the March 05, 20are justified, further, that the Amended Statement of Claim deserves to be heard


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(54) Chief of Police Barry MacKnight, did write a letter, Dated October 2thereby Notifying me Andr Murray of his decision to summarily dismiss my coFREDERICTON POLICE FORCE File number, (FPF File 11- 19229) regard

Murrays complaint, against FREDERICTON POLICE FORCE, regarding the incident involving Constable Jeff Lingley. A copy of this letter is attached herert

B.

(55) February 23, 2011, Neil Rodgers did provide an Affidavit to Court ofBench, Moncton, Trial Division, Dated: February 23, 2011, which made false an

claims regarding a fictitious character who Neil Rodgers continued to make unforegarding outstanding arrest warrant(s) further that this subject fictitious charactessentially being harboured at the residence of Andr Murray civic address 29 an

Marshall Street, City of Fredericton N.B. a residential duplex, despite this, Neil R

confirms to not having observed this fictitious criminal character. I Andr Murrabelieve that the claims made by Neil Rodgers were made in bad faith, meant to c

vexatious results, therefore potentially causing harm to Andre Murray (which wa

result) and I therefore verily believe this subject falsified Affidavit is evidence o

Rodgers obstruction of justice. A copy of this Affidavit is attached hereto as Exh

(56) April 16, 2012, Constable Jeff Lingley did compel Andre Murray, unincarceration, who Andre Murray while under protest and duress was forced to s

Undertaking to a Police Officer. A copy of this Affidavit is attached hereto as E

(57) November 21, 2011, Statement of Claim Form 16C, (page 1 and 2 onnumber F/C/201/11 on which is named both Constable A Yerxa and Constable D

copy of this Affidavit is attached hereto as Exhibit E.

(58) In Neil Rodgers and Trina Rodgers Statement of Defence and CountOctober 4, 2011, paragraph 1, they did state that: TrinaRodgers may have contFredericton Police Force, however if she did, the phone call would have been in

Andr Murray. Which is, a not so clever way of obfuscating the fact, and is furt

that Trina Rodgers did telephone call FREDERICTON POLICE FORCE, as alle

Andr Murray, regarding instigating the subject March 05, 2009, incident. Andr

does verily believe, that the claims made, against Trina Rodgers regarding the M2009, incident are justified. Furthermore, the Amended Statement of Claim dese

heard on its merits. A copy of this Statement of Defence and Counter Claim is at

as Exhibit F

(59) B h N il R d d Th N il R d id d


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