No apologies from man convicted of harassing lawyer

By SARAH DEETH/Examiner Court Writer
Local News - Friday, July 13, 2007 Updated @ 12:09:35 AM

Mr. Justice Robert Graydon thought David Gilbert would have something in the way of a thought or apology for his victim.

But when he asked Gilbert, 40, of Cavan-Monaghan, if he had anything to say before sentencing him on a charge of criminal harassment Gilbert launched into a diatribe against family court proceedings and the litigation process.

Gilbert was charged after leaving two threatening messages on Susan Peel’s office answering machine. Peel is a Lindsay lawyer who was representing Gilbert’s former partner in a family court case.

Court heard Gilbert became enraged when he learned that the two children he shares with his former partner had legally changed their surnames.

Gilbert told Graydon he became frustrated during a long, drawn-out court proceeding.

The amount of money he’d spent on the litigation process was more money than the court would have gotten in terms of child support, Gilbert said.

He’d brought up the issue of obstruction of justice, Gilbert told the courtroom, and there was “money laundering” going on behind the scenes within the justice system.

After listening to Gilbert speak, Graydon looked down at his notes.

“For the record,” Graydon said, “Mr. Gilbert said not one thing about how he was sorry for Ms. Peel.”

Crown attorney Shonagh Pickens said Gilbert has referred to family court as “organized crime,” which reflects his attitude towards the justice system.

Gilbert’s actions showed complete disregard for members of the justice system, Pickens said, and his actions were an attempt to intimidate Peel and dissuade her from representing his former partner.

“That’s not fair for her to have to live like that, and Mr. Gilbert puts her in that position,” Pickens said.

Gilbert has spent about seven months in pretrial custody on the charge.

Graydon gave him a suspended sentence and three years probation, but remanded Gilbert into custody on a charge of assault that’s still before the courts.

Gilbert is banned from owning any weapons for 10 years and must provide a DNA sample to police.

Graydon also took the unusual step of barring Gilbert from contacting any opposing lawyers if he has hired a lawyer for a criminal or civil proceeding.

If Gilbert wishes to contact opposing counsel, Graydon explained, he can do it through his own lawyer.

(Online at 12:05 a.m. Friday.)
 

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