Lich Trial Highlights: October 11, 2023

During Day 14 of the trial, Justice Perkins-McVey made a decision regarding the defence's application directed at obviating the need for 8 of the crown civilian witnesses by making an admission.

The admission made by the defence was that some unrelated mischief could be said to have been committed during the protest. The defence argued that any evidence that these 8 civilian witnesses could present would be rendered irrelevant by this admission. However, the crown argued that these witnesses could rebut the claim that the protest was peaceful and provide context to make out the elements of the offences.

Justice Perkins-McVey dismissed the application brought by the defence, stating that the decisions of how evidence is called should remain with the crown, absent evidence of an abuse of process. She indicated, however, that she will be careful in considering all remaining evidence called.

Constable Craig Barlow was called to the stand to continue his cross-examination by defence counsel Diane Magas. Barlow had created and disclosed a compilation video for the investigation, but did not initially disclose the source videos for the compilation.

Over the course of the cross-examination, Magas showed Barlow several police and civilian videos, including one that appeared to show police mounted on horseback trampling one or more people in the crowd, and another that showed a protester on the ground being kneed repeatedly by multiple officers. Magas asked Barlow why he did not include these videos in his compilation, to which he replied that the crown never asked him to.

He indicated that the crown was very specific about the videos it wanted him to include. Barlow also watched other videos, including one that showed an individual in the crowd thanking police and one of Chris Barber livestreaming during the Ottawa convoy, urging listeners to be respectful and follow police orders. Magas also highlighted individuals picking up garbage during the protest.

Magas concluded her cross-examination.

Defence counsel, Lawrence Greenspon, indicated that the crown had just disclosed a 45-page "operational plan" the day prior at 10:45 am, and several of the previous witnesses may need to be recalled based on this new disclosure.

Disclaimer: Please remember this update is given for information purposes only. It is not legal advice. If you have a legal issue, you should consult a lawyer for specific advice.

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