Who WAS 1st in line?Not sure if this info has been posted before.
The entire document::::
I found the court records regarding the Shore Gold v. Walker case. Its a long read, but the main argument I think is:
Events on June 2, 2003
[62] Kirsten Marcia is a geologist employed by Shore. She has had
extensive experience in the area as she has been involved in the filing of over
100 claims. If a claim has lapsed then a new claim must be filed by 8:30 a.m. on
the first Monday of every month. She testified that this custom has always been
that the person first in line directly west of the door would be entitled to file the
claim. On June 2, 2003, she arrived at 7:30 a.m. with the claim forms. She sat in
the chair closest to the door. This chair had previously been occupied by Jim
Leach of Trojan. She said she did not feel safe and was physically threatened.
One of the defendants pushed his elbow and thigh against her and another
defendant threatened to stomp on her feet. He was wearing hiking boots and told
her that if she did not want her feet stomped on, she should put them under the
chair. She became so frightened that she left her position on the chair and Jim
Leach sat in her place.
[63] Jim Leach said that he received specific instructions from Mr.
MacNeill, the CEO of Shore, not to do anything physical or otherwise illegal when
attempting to maintain the first in line position. He had escorted Kirsten Marcia
with the claim applications to the first in line position on the chair near the door to
the Office. Marcia who had been pushed, shoved and threatened, felt intimidated
and Mr. Leach therefore replaced her in the chair. A video had been taken as to
what transpired that morning and Mr. Leach said it properly reflected what
happened when Mr. Leach stood up and attempted to go to the door as he was in
the first in line position, he was pushed away by the defendants or their
representatives and he was unable to enter the premises. As two of the
defendants were able to go through the door he could not move as he was being
blocked so he could not enter the Office.
[64] An examination of the video reflects that on June 2, Kirsten Marcia
(and later Mr. Jim Leach) occupied the "first in line" position.
[65] As the respective camps gathered by the door, the defendant Sharon
Halldorson moved beside the door and later squeezed herself into a spot
standing over Kirsten Marcia. Ms. Marcia testified that she felt intimidated and
was physically threatened by one of the defendants. She therefore asked Jim
Leach to take over the "first in line" position. Her evidence was corroborated by
the defendant Walker who agreed that Ms. Marcia was upset when she left the
chair beside the Office door.
[66] Jim Leach, as the video shows, then occupied the "first in line"
position. The Gutka Group is then seen moving from the left side of the door
toward the right side, where the Office door opens. As the door is opened by the
Office staff, the defendant Dave Gutka uses his right arm to block Jim Leach from
moving forward and prevents him from entering. The physical force exerted by
Mr. Gutka is evident in his movement seen on the videotape when the door finally
opens.
[67] The Gutka Group, and David Gutka in particular, used physical force
to prevent Mr. Leach-who was in the "first in line" position-from entering the
Office and registering the mineral claim.