Tuesday, June 10, 2008

 

Defence has right to face informant

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LAWYERS IN LEG RAID CASE TELL BE APPEAL COURT DEFENCE HAS RIGHT TO FACE INFORMANT

Canadian Press - June 10, 2008

VANCOUVER — Lawyers for three men charged with breach of trust following an unprecedented raid on the B.C. legislature have told the B.C. Court of Appeal that defence lawyers have a right to challenge the case involving an informant.

Jim Blazina told the appeal court panel that the right to challenge means defence lawyers have to be allowed into an in-camera hearing. {Snip} ...

The Crown is appealing a B.C. Supreme Court ruling that defence lawyers for the trio could be present at in-camera hearings where the informant's identity could be disclosed.

The special prosecutor in the case has argued that the informant privilege rule excludes defence lawyers from the court if there's any chance the informant's name could be revealed.

But Blazina said invoking informant privilege and thereby excluding defence lawyers is not the law.

http://canadianpress.google.com/article/ALeqM5hZV2cVBHuZ4Ea5GbmJXcnHQs_0XQ

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Basi-Virk: BC Court of Appeal hears explaining why witness should be secret would take one hour to explain; role of RCMP Inspector DeBruyckere raised

Special Prosecutor suggests case could be dropped if secret witness not allowed

By Bill Tieleman, 24 hours columnist

Read more: http://billtieleman.blogspot.com/

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