AMENDED DEFENSE AND COUNTERCLAIM

1. The Defendant, Byron Prior, admits to the statements of the plaintiff, William Matthews in the paragraphs numbered one (1) and four (4) of his claim.

2. The Defendant further states that whereas this claim of much embarrassment of the Plaintiff as a Member of Parliament, he feels no pity towards a man that had practiced sexual abuse against his family and was never punished.

3. The Defendant clearly states in his web site (Site) and now in this document signed in his own hand that every word he has published is the truth, the whole truth and nothing but the truth so help him his God.

4. The Defendant further states that this claim by the Plaintiff against him comes about by way of the words he legally published in his web site pursuant to freedom of speech and freedom of the press. The defendant is well prepared to argue that every word he has ever said or written about the Plaintiff is true and he is willing to call witnesses to support the true facts of this matter.

5. The Defendant further states that the Plaintiff makes mention of many emails in his statement of claim paragraphs numbered two (2) and three (3) containing the Defendant’s published work. The Defendant states that one of the persons to send thousands of emails in support of the Defendant and his allegations is his friend Amos. The defendant points out the fact that Amos had sent emails containing the entire text of the Defendant’s Site to every Member of the 37th Parliament before he came to Canada to run for a Seat in the June Election of the 38th Parliament. One of the persons to respond to Amos’ emails was an assistant of McLellan as the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness on March 16th 2004. That person sent back the entire text of the Site the Plaintiff finds so offensive.

6. The Defendant further states in answer to the Plaintiff’s statement of claim paragraph six (6) that denies his allegations of the criminal actions made on his published Site against the Plaintiff and many others are false. The defendant clearly states that all of his allegations made against all parties mentioned within the Site are absolutely true and he has sworn to the truth of some of the stated allegations in the Courts of Newfoundland in the past. The text of one of his statements to the RCMP can be found on the published Site.

7. The Defendant prays to the Court for his right to a jury trail in accordance with the rules of the Supreme Court.

DATED at Conception Bay South, Newfoundland and Labrador this 29th day of November, 2005.

Byron Prior
66 Reader’s Crescent,
Conception Bay South, NL A1W 5B4
The Defendant

TO: Stephen J. May
PATTERSON PALMER
Suite 1000, Scotia Centre
235 Water Street
P.O. Box 610
St. John’s, NL. A1C 5L3

Solicitors for the plaintiff

2005 01 T 0010

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRAIL DIVISION

THE NEWFOUNDLAND AND LABRADOR DEPARTMENT OF JUSTICE

AMENDED COUNTERCLAIM

I, Byron Prior, of 66 Readers Hill Crescent, in the Town of Conception Bay South, in the Province of Newfoundland and Labrador, HEREBY MAKE OATH AND SAY AS FOLLOWS: the Newfoundland and Labrador Department of Justice and their representatives, the RCMP, failed to protect me and my family, from severe abuse through our entire childhood and refuse to this day, to represent us properly, as the law states we deserve protection and representation.1. I am the Declarent herein and as such have personal knowledge of the facts and matters hereinafter deposed to except where the same are stated to be based on information and belief and where the same are so stated I verily believe them to be true.2. I was born and raised in town of Grand Bank, Newfoundland. My date of birth is the 29th day of July,1953.

3. I am the oldest in a family of six (06) girls and four (04) boys all of whom were also born and raised in the town of Grand Bank, Newfoundland.

4. From approximately the age of four (04) until approximately the age of seventeen (17), I was subjected to numerous physical, sexual and emotional assaults.

5. All of my siblings were also subjected to physical, sexual and emotional assaults by several different persons for a number of years when they were adolescents.

6. I have reported the acts of physical, sexual and emotional abuse perpetrated on myself and/or my siblings to the authorities on a number of occasions during the times relevant to there occurrences in an attempt to prevent further abuse. Reports were also made to the Grand Bank Detachment of the RCMP by three (3) of my sisters, Joan, Lucy and Donna and also a report made by my brother Allan.

(1) in or about the year 1960 I reported the abuses to RCMP Sergeant Sturge;

(2) in or about the year 1962 I reported the abuses to RCMP officer Gilbert White;

(3) in or about the year 1962 I reported the abuses to RCMP officer Jerry Lahey;

(4) in or about the year 1966 I reported the abuses to RCMP Cpl. Eaton;

(5) in or about the year 1967 I reported the abuses and a pregnancy to RCMP Cpl. Sparkes, who took my written statement over several hours;

(6) in or about the years 1970 1972 I reported the abuses to RCMP officer Len Briand and Municipal Policeman Richard Foote. I said to Constable Briand, if I go back to that house, you know what will happen. He said to me, with Richard Foote present, I know that, but there is nothing I can do about that, either you go back to your house or I will arrest you.

(7) On March 09, 1998, I reported the abuses at the RCMP Detachment in St. John’s Newfoundland. On this occasion I spoke with several RCMP officers over a fifty two and a half hour (52.5) period of time. Several RCMP officers took written statements.

(8) In 1999 Constable John Warr, lead investigator on this case, of Grand Bank RCMP, witnessed under oath, at the Provincial Court in St. John’s, when asked by Provincial Judge Islop, are the statements Mr. Prior has made serious? Constable Warr’s reply, Mr. Prior’s statements are serious.

(9) In 2000 Constable Jackie Remalaird of the Grand Bank RCMP informed lawyer Geoff Budden, the RCMP were still in possession of three (3) statements of abuse I gave them, while I was a child, in Grand Bank.

(10) In March of 1998, after I gave a police statement, it was recommended by the RCMP, Constable Peter Cornick, St. John’s, that I visit Provincial Government Victim Services, Duckworth Street, St. John’s, who, ordered and paid for my counseling with Mr. John Murphy, of Adwise Associates, Inc. whose priority, it became clear to me, was, hypnotize me, so I would no longer have memories or clear recollection, of my past experiences. I never did consent to being hypnotized.

I have reported the sexual, physical and emotional abuse of myself and my siblings to Newfoundland Child Protection Agencies numerous times during the same time periods relevant to the abuse occurrences. To date, despite the multitude of evidence provided to the RCMP and other authorities by myself, my siblings and others over the years nothing has ever been done by any of these agencies to bring the perpetrators of these crimes to justice. My life has been one continuous fight, telling and feeling the abuse and persecution for more than 40 years without the Justice System doing its job and protecting me and my family, have given me a life of living hell and my family destroyed. This has also cost me all my life long possessions, for telling the truth, I’m forced to live on social welfare. Your Honor, I ask you to see that the laws, which are already in place, are applied in this situation and I and my family see justice served. The most appropriate means of disclosure, I know, would be, an Open Federal Inquiry, into All Aspects, of what happened to the Prior Family of Grand Bank, Newfoundland.

DATED at Conception Bay South Newfoundland and Labrador this 29th. Day of November, 2005.

Byron Prior
66 Reader’s Hill Crescent
Conception Bay South, NL A1W 5B4

The Plaintiff

TO: William Matthews
c/o Stephen J. May
PATTERSON PALMER
Suite 1000, Scotia Centre
235 Water Street
P.O. Box 610
St. John’s, NL A1C 5L3
Solicitors for the defendant

TO: Department of Justice
c/o Jackie Brazil
4th. Floor
Confederation Building
St. John’s, NL
Solicitors for the defendant

ISSUED at St. John’s, Newfoundland and Labrador this ______ day of November, 2005.

Seal of the Court.

 ……………………………………………………………………………………………………………

2005 01 T 0010

IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRAIL DIVISION

BETWEEN WILLIAM MATTHEWS
PLAINTIFF and BYRON PRIOR DEFENDANT
AND BETWEEN BYRON PRIOR PLAINTIFF

and THE NEWFOUNDLAND AND LABRADOR DEPARTMENT OF JUSTICE

Notice to Defendants of Amended Counterclaim:

You are hereby notified that the plaintiff may enter judgement in accordance with the counterclaim or such order as, according to the practice of the Court, the plaintiff is entitled to, without any further notice to you unless within ten (10) days after service hereof upon you, you cause to be filed in the Registry of the Supreme Court of Newfoundland and Labrador a defense to the counterclaim and unless within the same time a copy of your defense to the counterclaim is served upon the plaintiff at the plaintiff’s stated address for service. If the counterclaim is for a debt or other liquidated demand and you pay the amount claimed in the counterclaim and the sum of $(or such sum as may be allowed on taxation) for costs to the plaintiff within ten (10) days from the service of this notice upon you, then this proceeding will be stayed.

It has been nearly 50 years since 12 children in one Newfoundland family suffered horrid abuses at the hands of their own mother and her many paramours. However, justice has never been meted out on the perpetrators and you might well ask, why?

“The reason is simple,” said eldest son, Byron Prior. “When local politicians, high profile area businessmen, the Salvation Army and even a chief justice are involved, our case is destined to never see the light of day.”

Despite six visits with the Royal Canadian Mounted Police over the years, including more than 50 hours of testimony and a list of countless witnesses, absolutely nothing has been done in the defense of Mr. Prior and his siblings to this day.

“When people of this caliber are involved, your case will go nowhere,” said Mr. Prior.

This distressing tale began in the 1960s in the small town of Grand Bank, which at the time had a population of approximately 4,000. Mr. Prior said his mother Harriet was a woman of many faces. At Salvation Army Sunday services, she was an upstanding, pious woman of faith. To her neighbors, she was the woman struggling to survive with so many unruly children. To the police, she was simply struggling to control her difficult sons and daughters. To her doctors, she was whatever she wanted to be at the time and on cue.

However, Mr. Prior said that to her own children, she was a walking nightmare – a cursing, drinking, pill swallowing, partying woman, who thought nothing of mentally, emotionally, verbally, physically or sexually abusing them. And if that weren’t enough, he said she allowed a long string of lovers to do the same. Why?

“For a few measly dollars, so she could continue carry on with the raucous lifestyle she loved,” he said.

As the oldest sibling Mr. Prior was the first to be abused in every way possible by his mother. However, for him, it was even more painful to watch his brothers and sisters be molested, raped, beaten and more.

“I not only had to live through my own abuse, but watch as the rest of my sisters and brothers were abused and raped.”

On April 3, 2006, Mr. Prior flew from Newfoundland to Ottawa in a last-ditch attempt to seek justice and hopefully, some closure for what was done to him and his siblings. For a week, he will walk the streets and went door-to-door handing out fliers to make the public aware of their suffering and the fact that the Canadian judicial system has completely disregarded them. The following week, he begins a picket on Parliament Hill.

Before he left, he said this trip would sap him of just about everything he has left, but it was something he felt he must do. Prime Minister Steven Harper has publicly claimed that he plans to tighten up the judicial system in Canada to ensure that justice prevails. Now, Mr. Prior hopes the prime minister will prove it, by finally allowing justice to be done in his case. Whether that will actually happen is yet to be seen.

In the meantime, his plight and that of his siblings has been picked up by Hamilton author and editor, Martha Jette, who has written a book that relates the story of abuse suffered so long ago by the then, innocent children.

“This is a horrid tale and was just heart-wrenching to write,” said Ms. Jette, “but this story needs to be told. No children should ever suffer what these little ones endured.”

Ms. Jette said her book entitled Playing With The Devil is currently in the hands of Saga Books of Calgary, Alberta and should be available soon.

“My hope is that these children, who are now all adults still hurting from what was done to them will finally find some closure, she said.”

As far as the book goes, Ms. Jette said it would be rated “R” as there are graphically described scenes of abuse toward the children.

“This had to be the hardest thing I’ve ever written during my years as a writer and journalist,” she said. “If you have a weak stomach or are overly sensitive, you might not want to read it.”

Today, the Prior children all suffer from various forms of psychological problems, from fear of intimacy and being totally reclusive to outright anger. For Mr. Prior, it has been an uphill battle with his mind and emotions. Because he is married with a son, he has tried to maintain a balanced lifestyle. However, his attempts to find justice for himself and his siblings has caused him and his family to be ostracized by most neighbors, institutions and businesses around his current home of Conception Bay, which is very near Grand Bank.

“It’s really difficult,” said Mr. Prior. “I can’t get a job and even when we go to the supermarket, we get strange looks.”

However, Mr. Prior said he would not give up until he takes his last breath.

“What was done to us can’t be swept under the rug like it didn’t happen

No surprise for this complete cover-up and self protection mode of our corrupt system, with The History of Court System control and corruption here. In 2005, January, I was charged with Slander by Liberal MP Bill Matthews and Lawyer Steven May. I was kept in the Supreme Court all that year by Chief Justice Derek Green, Premier Danny Williams, Matthews & May, his lawyer, until November, than Justice Green, Froze my counter claim and no-one but a Lawyer could see it, only with his permission and no copies made of it. I was told they would contact me in April or May of 2006 and a complete Publication Ban on my case, I haven’t heard from them since.

SO, in April of 2006, I went to Ottawa, at Parliament to protest what has happened to my family, My MP Norman Doyle took all my info and delivered it by hand to Justice Minister Vic Toews, he asked New Brunswick MP Rob Moore and a Lawyer from his Dept. Andrew House to review my case and make reports. For 7 months I stayed in Ottawa every day with my info and signs at Parliament until the end of October, nothing happened. In December Andrew House called me to say the review was complete and the file was on the appropriate desk in the Federal Justice Dept. but no-one contacted me about it and the Dept changed to Rob Nickerson at that time. I decided to go to NFLD. Confederation Building in late 2006, December and early January 2007 and give out my info, I was arrested and charged with Deflamatory Liabel by the Nfld. Constabulary and kept in court until now and when they finish, now the RCMP will take over to continue to cover-up for Themselves, The Provincial Government, The Federal Government and hope they can completely destroy me and my Family, the VICTIMS, while they wait for their CRIMINAL T. ALEX HICKMAN to die as they did with our mother. GREAT CANADIAN SYSTEM, Criminals Honor and Cover-up For Their Criminals while the Victims are destroyed, and I have to sit and watch them CELEBRATE CANADA DAY. Great country for them but not for victims they leave behind while they LIE, CHEAT and STEAL their way to power.

July 27/07 in Court. Today I was arreigned in Supreme Court on 3 Counts of Deflamatory Liable, I plead NOT GUILTY on all 3. The first chance I’ve had to say anything since January 2007, the Lawyers now say they will argue if the Law I’m charged under is Constitutional or not on November 5/07. All good time taken to cover-up for their Criminal, who is one of them, and protect him and cover up the lack of action taken to prevent the abuse to me and my family by the RCMP. This, in my mind is further abuse of the Victim by the system.

On Monday, Nov. 05/07 in Supreme Court the Judge decided it will take her a FEW MONTHS OR SO, to decide whether the charges aganist me are Unconstitutional or not. This decision has been made already in 3 other Canadian Provinces. This is another buy for time to cover-up for their criminal T. Alex Hickman, Retired Chief Justice, Supreme Court, would you or I get this support from the Supreme Court if we were accused of these crimes?