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Reporter who interviewed Schmidt called to testify in raw milk case

Canadian Press Article online since September 10th 2008, 23:00
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NEWMARKET, Ont. - A journalist was unexpectedly called to testify Thursday that a Durham farmer accused of selling raw milk admitted in an interview to continuing the deed.
Brett Clarkson, a Toronto Sun reporter, was asked by York Region lawyers whether dairy farmer Michael Schmidt confirmed he still provided milk despite being under a court order not to.
"Yes, he didn't say it in exactly those words, but he did say it," said Clarkson, who was under threat of arrest if he didn't comply.
Clarkson interviewed Schmidt on Wednesday during the first day of the farmer's civil contempt of court trial.
York Region lawyer Dan Kuzmyk served Clarkson a summons almost on the spur of the moment, mid-way through the trial.
"(It) was clearly an admission by Mr. Schmidt of the activity that's at issue," Kuzmyk said outside court.
Schmidt, who for a second day had several dozen supporters in court, confirmed the article was correct.
But he questioned whether the wording actually implicated him.
In the article, Schmidt is quoted explaining how to get his Glencolton Farm's milk.
After the proceedings, Schmidt was asked again if the milk was still available.
"The cows give milk in the morning and in the evening and ... the cow-share owners will have access to their milk," he said with a laugh.
Contempt charges were sought by York Region officials, who fear there are health risks for people consuming unpasteurized milk the Grey Bruce farmer allegedly distributes.
In May 2007, they issued a directive demanding he stop, and have brought him to court alleging nothing has changed.
While selling raw milk is illegal in Ontario, it's legal for farmers to drink the milk of cows they own.
Schmidt has set up a system where he sells part ownership in the animals - called cow shares - to about 150 people.
With Schmidt representing himself, the trial has run a bumpy course since the start.
Several times, he's been guided by the judge and asked whether he understands the charges against him.
Although cow-share members initially raised $170,000 to help Schmidt hire a lawyer, he said the funds have depleted quickly and he would be left bankrupt if he had counsel.
He also plans to represent himself when he faces 20 charges at a wider trial related to the farm's activities next year.
During a break outside court, Schmidt said his goal was to show that York Region's lawyers have "no hard evidence" against him.
"The more important issue here is they had all the means to collect hard evidence, and they haven't done it."
Schmidt faces a fine or possible jail time if convicted.
Earlier Thursday, a private investigator hired to watch Schmidt took the stand to answer questions about his findings.
Footage of several people, appearing to carry coolers to and from a blue school bus, was shown in court and identified as video surveillance taken by the man.
"There were several times where I saw what appeared to be bottles or jugs of white liquid," Chris Dennison said, adding he also watched with high-powered binoculars.
"But I can't tell you with absolute certainty what that white liquid is."
York Region lawyers admit they've never tested the milk they allege to be raw.
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