On Thu, 31 Jan 2002 01:30:08 GMT, hkhenson@cogeco.ca (Keith Henson) wrote:

>
>Being in Canada it often takes quite a while to get court matters
>through the mail and sometimes they get lost entirely. But I have a
>nice collection for you that I will post on this thread.
>
>Keith Henson
>
#5 in a series (Exhibit D)

DECLARATION OF H. KEITH HENSON

I, H. KEITH HENSON, declare:

1. The facts set forth in this declaration are known to me personally. If called to testify as to the truthfulness of the facts set forth in this declaration, I would do so.

2. I have had a remarkably difficult time over several months getting the full record of the trial proceedings in case HEM014371 admitted to the appeal record.

3. This includes an amicus brief by Arnoldo Lerma, a declaration by Frank Oliver and attached exhibits.

4. I have had particular difficulty in obtaining the court reporter's transcript outside of the actual trial itself. I have been told by the court reporter, Amada Fagan, these were "sealed" by Judge Wallerstein in what I believe is a violation of the rules of the court.

5. I left a message asking for a return phone call on Amanda Fagan's voice mail on January 17, 2002. I have not received a return call to this point in time.

6. I believe the transcript, especially the hearings on motions in limine, are critical to the appeal and to hearings before the Canadian Immigration and Refugee board. (The motions in limine essentially prevented presenting a defense.)

7. Further, I believe the transcript for early on April 19, 2001 is in conflict with the judge's minute order for that day. (Declaration of James Harr.)

I declare under penalty of perjury under the laws of Ontario, Canada that the foregoing is true and correct.

Dated January 22, 2002, 5 pm EST

H. Keith Henson