The following is an excerpt from a Brief, highlighting Biased Investigation by Constable David Beck:
Constable David Beck1. On October 23, 2009, members of Fredericton Police Force: Constable D. Beck, Constable A. Yerxa and Constable C. Haines, were in attendance at 31 Marshall Street, Fredericton, New Brunswick, at approximately 11:30 AM. did participate in a wrongful act, furthermore, that the here within above mentioned Police Officers did participate, to varying degrees did act unlawfully, as accomplices, in the unlawful and illegal Criminal Code Break and Enter, then conducted a illegal room to room search of the subject private residential premises and home of residential tenant André Murray at 31 Marshall Street, Fredericton, New Brunswick.
2. Residential tenant André Murray did demand identification from all Police in attendance. Constable D. Beck, Constable A. Yerxa and Constable C. Haines, all refused to identify themselves, even though, or perhaps because of the illegal Break and Enter action they had just participated in, nevertheless continued to claim they did not have to identify themselves.
3. An October 20, 2010, complaint regarding the conduct of Constable Ali Yerxa and Constable David Beck, October 23, 2009, is attached as “I”, to Affidavit of Andre Murray Dated February 26, 2013.
4. André Murray while maintaining the peace, was arrested at approximately 4:20 p.m. Friday, October 7, 2011, the procedure, that, which Constable David Beck used was a dangerously harmful football styled tackle, of Andre Murray from behind and without warning thereby knocking Andre Murray from off of his bicycle and onto the ground, at or near 525 Aberdeen Street, Fredericton N.B. by members of the Fredericton Police Force.
5. André Murray having been knocked to the ground while riding his bicycle on the paved area of Aberdeen Street, Fredericton, N.B. by members of the Fredericton Police Force – first Constable David Beck, assisted by Constable L. Comuzzi who jumped onto Andre Murray’s body once Andre Murray hit the ground. Andre Murray was subsequently handcuffed and searched after which Andre Murray was provided a document, which was verbally identified by Constable David Beck as a “ticket”, despite the word “ticket” was nowhere to be to be found anywhere on the document’s face, however, a payment schedule indicated a requirement of 50, which is ambiguous, however though, the earlier reference to 50 was later clarified in the Defendant’s Summons as $50.00 dollars, for riding on the sidewalk with a bicycle, FREDERICTON MUNICIPALITY BY-LAW INFRACTIONS/G 219324. I André Murray, in due diligence and in good faith conditionally accepted the “ticket”, upon proof of claim, that the “ticket” applied to me, and that I André Murray was obligated to accept the benefits, offered thereof, nevertheless, only, upon proof of claim am I obligated to act upon the service offered as found listed, therewithin the “ticket”. No signature was requested of Andre Murray, nor did Andre Murray become signatory to this offer.
6. The arresting members of FREDERICTON POLICE FORCE, who are known to tackle Andre Murray by surprise from off his bicycle are Tackle: Constable David Beck (now a DEFENDANT) and Assistant secondary Tackle: Constable L. Comuzzi.
7. October 28, 2011, Chief of Police Barry MacKnight, (now a DEFENDANT) did, in response, write a letter, Notifying me, André Murray of his decision to summarily dismiss my complaint, FREDERICTON POLICE FORCE File number, (FPF File – 11- 23456) regarding André Murray’s complaint, against FREDERICTON POLICE FORCE, regarding October 7, 2011, an incident involving Constable David Beck and Constable L. Comuzzi. A copy of this letter is attached as Exhibit “A” to Affidavit of Andre Murray dated February 26, 2013.
8. Please Note: that only 3 weeks transpired between the herein above mentioned incident complained of (Oct 7, 2011) and the subsequent dismissal by Chief of Police Barry MacKnight of the Complaint (October 28, 2011), this must have set a new record for turn-over, of an investigation of a Complaint regarding Police Conduct. The Balance of probabilities would be that this was a superficial investigation, was not an efficient one.
9. November 21, 2011, I Andre Murray as Plaintiff, filed a Statement of Claim Form 16C, File number F/C/201/11 on which is named both Constable A Yerxa and Constable D. Beck, as Defendants responsible for tortious actions regarding, their contributions to an unlawful and illegal eviction of Plaintiff Andre Murray, from 29 and 31 Marshall Street, Fredericton New Brunswick.
10. April 16, 2012, when Andre Murray was serving a copy of a Notice of Action and Statement of Claim, File Number F/C/45/11 upon Constable David Beck, wherein David Beck is named as DEFENDANT. On this herein above mentioned April 16, 2012, appointment with DEFENDANT Constable David Beck, to meet in the lobby of Fredericton Police Station at 311 Queen Street, Fredericton, N.B. Andre Murray, was immediately following Process Service of herein subject Court Documents upon DEFENDANT Constable David Beck , consequentially immediately thereafter, and while still standing with DEFENDANT Constable David Beck, Andre Murray was arrested by both Detective Stephen Cliff and DEFENDANT Constable David Beck because they ambiguously claimed to “have grounds” for arrest - FURTHERMORE Detective Stephen Cliff and DEFENDANT Constable David Beck DID NOT HAVE A ARREST WARRANT; however. Despite the absence of an Arrest Warrant. Andre Murray was arrested, therefore, without reasonable and probable grounds. Please see a November 21, 2011, Statement of Claim Form 16C, (page 1 and 2 only) File number F/C/201/11 on which is named Constable D. Beck, et al (and others), a copy of this Affidavit is attached as Exhibit “E” to Affidavit of Andre Murray dated February 26, 2013.
11. The Court must further consider that, this criminal charge of Breach of an Undertaking has been raised as an issue apparently only by Constable David Beck. This is pursuant to a Biased Investigation, conducted by David Beck. The only evidence for the alleged breach of an undertaking comes from the FREDERICTON POLICE FORCE CROWN PROSECUTOR'S REPORT Occurrence Number: 2012-12177 Dated July 5, 2012, written by Constable David Beck, Badge Number: 377 on page 3 and 4:
· "On 20 June 2012, Cst Beck was aware that Andre Charles Murray (hereafter referred to as the accused) was required to notify the FPF of his current address by the 19th of June 2012."
· "At 1512 hrs, 20 June 2012, Cst Beck contacted the Provincial Court Office (room 105) and inquired if any change to the accused's address was on record."
· "The address on record is 31 Marshall Street, Fredericton, NB."
· "31 Marshall Street is the former address of the accused who was evicted from this residence weeks prior and is still the address on record with the Police."
· “At about 1820 hrs, 20 June 2012, Cst Beck checked with the FPF Station Officer (Cst Cane) to see if any change of address had been reported by the accused and none has been advised. The FPF in-house computer system (RMS) still showed the address of 31 Marshall Street, Fredericton, NB. Cst Beck checked the FPF Station Officer copy of the Undertaking that was breached and no amendment was noted”.
· "While obtaining information for the C216 (ICA Form), Cst Beck asked the accused what his current address was to which the accused stated it was the same (31 Marshall St). Cst Beck advised the accused that this was not his address anymore to which he responded it was as this is where all his belongings are still located”.
12. The Particulars of the herein mentioned biased investigation of Constable David Beck, therefore Claims that Andre Murray was obligated to provide a new address by June 19, 2012, which is not the case. June 19, 2012, was merely the next scheduled Court Hearing Date. The Court did not Order Andre Murray to get a new address; the Court has no jurisdiction to order such a thing.
13. Constable David Beck boldly claims, that it was indeed him, who unilaterally pursued the investigation regarding the Charge of Breach of undertaking, however, no superior Officer is noted as requesting this investigation, nor does Constable David Beck Claim that he was charged somehow, for any reason whatsoever, with this subject duty. It appears that Constable David Beck had a personal interest in the matter and pursued it unilaterally.
14. That herein mentioned subject of David Beck’s personal matter may exist because:
· Andre Murray has filed two separate complaints regarding Constable David Beck’s conduct, one for an incident in October 23, 2009, (where Constable David Beck participated in an illegal and unlawful eviction of Andre Murray, where members of the FREDERICTON POLICE FORCE threatened Andre Murray with bodily harm through a particularly violent arrest if Andre Murray did not leave);
· Another complaint filed by Andre Murray was regarding an incident, that which occurred October 7, 2011(where Constable David Beck football style tackled Andre Murray off his bicycle, after recognizing Andre Murray, to serve a 50.00 ticket for riding on the sidewalk with a bicycle);
· Andre Murray has personally served Constable David Beckwith a lawsuit for damages, wherein Andre Murray is the Plaintiff and Constable David Beck is personally named as a Defendant;
· Andre Murray has had Constable David Beck on the witness stand, in open Court, revealing that FREDERICTON POLICE FORCE and THE CITY OF FREDERICTON have been unlawfully, issuing bylaw tickets, for as long as anyone in that Court could remember, furthermore, without serving a Notice of Prosecution upon the Defendants (which is contrary to the Provincial Offences Procedures Act). This blunder could open up a class action law suit against THE CITY OF FREDERICTON and FREDERICTON POLICE FORCE.
15. September 21, 2012, Constable David Beck a member of FREDERICTON POLICE FORCE required to 'Take The Stand', for cross examination, for that reason had sworn an oath to tell the truth, the whole truth, and nothing but the truth, was asked the following questions by Self Represented Litigant Andre Murray, questions specifically regarding Constable David Beck comprehension of the Provincial Offences Procedure Act, SNB 1987, c P-22.1.
16. Please Note: this herein above mentioned Court Hearing of September 21, 2012, for cross examination of arresting officer Constable David Beck was a continuation of a Trial regarding bylaw T-4 section 15, whereby Constable David Beck alleges Andre Murray was riding on the sidewalk with a bicycle in violation of a by-law of THE CITY OF FREDERICTON. This subject cross examination of arresting officer Constable David Beck is only one of two most serious aspects of the challenge to the subject by-law matter. The second most serious aspect is that of Andre Murray's Constitutional Challenge regarding bylaw T-4 section 15, riding on the sidewalk with a bicycle which will amongst other things reveal that Andre Murray has been violated by the actions of Constable David Beck thereby denied his guaranteed protection under The Constitution Act, 1982 which contains the Canadian Charter of Rights and Freedoms .
17. Following this cross examination of Constable David Beck, increased his personal campaign of harassment against Andre Murray, harassing Andre Murray’s roommate, for that reason Constable David Beck did repeatedly question acquaintances and clients of Andre Murray, demanding that they tell Constable David Beck the whereabouts of Andre Murray. This is herein subject behaviour of Constable David Beck is harassment, apparently designed to get revenge on Andre Murray and manufacture more charges of Breach of Undertaking, if possible.
18. It looks shamefully bad for FREDERICTON POLICE FORCE, when a Police Officer, Namely Constable David Beck, (not a detective) unilaterally launches an investigation of Andre Murray, who has filed 2 complaints, against Constable David Beck, also Court Filed an ‘Originating Process’ in Civil Court thereby suing Constable David Beck .
19. Cross examination of Constable David Beck under oath by Self Represented Litigant Andre Murray has revealed that FREDERICTON POLICE FORCE and THE CITY OF FREDERICTON have been unlawfully, issuing bylaw tickets, for as long as anyone in the New Brunswick ludiciary could remember. This revelation should open up a class action law suit against THE CITY OF FREDERICTON and FREDERICTON POLICE FORCE.
20. Unless Constable David Beck has had dozens of complaints regarding his conduct, which would in itself be revealing, it is reasonable to believe Constable David Beck would be able to remember the name of complainant and Plaintiff Andre Murray. The Public will and or should see this situation, as Constable David Beck a Police Officer getting revenge on someone who complained about him. Constable David Beck is misusing and abusing the justice system for personal revenge.
21. The only way the Court could shed itself of this apprehension of bias, is to strike all the evidence and anything manufactured by Constable David Beck’s, evidentially biased self-indulgent investigation, furthermore quash any documentation, reports or evidence provided by Constable Ali Yerxa and Constable Jeff Lingley which would leave little left, to convict the accused of any of the herein above mentioned allegations.
22. The Charter is specific on the point that the Court is obligated to strike out evidence which was collected, in such a fashion as to bring the administration of Justice into disrepute. To preserve public confidence, in the administration of Justice, the appropriate action is to acquit the accused of the offence of Assault, Breach of Undertaking and application for an Undertaking.
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
Direct Link to Constable David Beck's Service of Process then directly arrested Video:
Service of Process then directly arrested Video link