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To ensure his client gets a fair trial, lawyer Luc Leclair, asked the court on Monday to issue an order of non-publication of all the evidence that will be presented during the trial by jury, as was the case in the trial of Karla Homolka. Justice Guy Cournoyer of the Superior Court denied this request, saying it is unjustified in the circumstances.
Luka Rocco Magnotta, who turns 32 on Thursday, watched as Leclair on Monday presented motions to his trial, scheduled to begin on September 8 at the courthouse in Montreal. Dressed in a white t-shirt, Magnotta, who has gained a lot of weight since his arrest for the murder of student Lin Jun, in June 2012, remained attentive during the hearing.
In the first complaint heard, his lawyer requested a publication ban on the evidence to be presented during the trial in order not to influence the jury. In his eyes, this complete ban was the easiest way to avoid overflow in the media way. If the judge had issued such an order, the journalists could report to the public proceedings heard during the trial.
The Crown prosecutor, Mr. Louis Bouthillier, opposed this request, deeming it "unnecessary". For the jury, he said, the media coverage during the trial "can not be worse than what is already on the Internet.” The two lawyers representing the media also opposed the application on behalf of the principle of open justice.
Cournoyer ruled in their favor. Earlier, he had mentioned that it accesses this application, "it would go directly to Ottawa,” referring to the Supreme Court.
"The application was quite unusual: it sought an order wall-to-wall on the trial,” commented Mr. Mark Banteay which represents several media, including La Presse. At the trial of Karla Homolka in 1993, Frances Kovacs judge issued a temporary order of non-publication of the evidence until the trial of her husband, Paul Bernardo in 1995.
For consideration, the judge Guy Cournoyer issued a temporary order of non-publication of the evidence that will be addressed in court before the trial did not influence the jury, which has not yet been selected. The defense would have liked a ban on postback for all queries, which was refused.
Cournoyer also heard a second request from Magnotta’s defense team, on the admissibility of evidence, but its contents can not be disclosed. The judge set the debate surrounding this second query to August 28.
Magnotta is accused of murdering Lin Jun and contempt of his corpse. He is also accused of dissemination of obscene materials, use of the mail to disseminate this material, harassment against Prime Minister Stephen Harper and members of Parliament. He was arrested in a cafe in Berlin, June 4, after a hunt for international rights.
The hearing on the motions before trial continues this afternoon.