Day 4 of the Lich/Barber trials began with defence objections over late mid-trial disclosure by the crown.
For the record, Lich has six charges: counselling mischief not committed, counselling intimidation not committed, counselling obstruction not committed, mischief, intimidation and obstruction.— The Democracy Fund (@TDF_Can) September 8, 2023
Defence pointed to the crown expanding the scope of disclosed communications it intended to rely upon at trial. This late disclosure would necessitate defence counsel not merely reviewing those additional documents but a massive number of documents already disclosed and reviewed so as to properly respond to the crown’s case.
Previously, the court heard about the crown’s “Carter Application,” which alleges a conspiracy that has not been defined. The court also heard about how Police Constable Barlow had not disclosed all of the video he reviewed when making a compilation video of the Freedom Convoy protests, which he said was “representative,” but which he admitted on cross-examination did not show people hugging, children playing hockey or police arrests of the protesters.
The judge noted that the defence should know the case it has to meet and that it is not a “moving target”. The judge ordered to file a completed Carter Application by Monday morning.
Crown agrees to provide the purpose of the Facebook posts and the complete Carter application over the weekend. Judge says goal is that defence knows the case they have to meet. It is not a moving target.— The Democracy Fund (@TDF_Can) September 8, 2023
Later in the day, Sgt. Pilotte testified on a voir dire about certain videos she downloaded from social media accounts. While some of these videos included statements from Tamara Lich and Chris Barber, others featured hearsay statements from persons not on trial. The crown explained that it did not intend to rely upon these videos for the truth of their contents.
Sgt. Pilotte is back on the stand on a voir dire. We are looking at video documentation of a press conference.— The Democracy Fund (@TDF_Can) September 8, 2023
The videos will not be admitted into evidence until the crown clarifies why they are being shown to the court and until the defence makes submissions on their admissibility.
As for the videos shown in the voir dire, they included a press release from certain people who identified themselves as “organizers,” including Lich and Barber. Some of the speakers in the video emphasized non-violence, repeated requests for a meeting with the government, and an expressed desire to go home.
Other videos featured Tamara Lich filming scenes in downtown Ottawa and telling people to demand refunds from GoFundMe.
Here is another video. Tamara says they switched to GiveSendGo. They won’t take away the money like GoFundMe. So the money can get to the truckers. Another video - demand a refund from GoFundMe. You gave the money to the truckers and it should go to the truckers.— The Democracy Fund (@TDF_Can) September 8, 2023
More video footage is expected to be shown to the court in a continuing voir dire on Monday, as well as clarification from the crown about their reasons for asking the videos to be admitted into evidence.
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.