CBC News, Cape Breton Post argue against murder trial publication ban
CBC News | Posted: January 4, 2016 11:00 AM | Last Updated: January 4, 2016
Thomas Ted Barrett to stand trial in January for slayings of Brett MacKinnon and Laura Jessome
A Nova Scotia Supreme Court judge in Sydney has reserved her decision on an application to ban the publication of any evidence in the second-degree murder trial of Thomas Ted Barrett of Glace Bay.
The CBC and the Cape Breton Post oppose the application.
Barrett, 40, is scheduled to stand trial in Sydney this month in the death of 21-year-old Brett Elizabeth MacKinnon, who disappeared from Glace Bay in 2006. Her remains were found in a wooded area of the town in 2008.
Barrett's lawyer, Brian Bailey, argued in court Monday morning that evidence from the trial by judge alone could taint potential jurors across the province when Barrett stands trial in another case in the fall.
He's also accused of second-degree murder in the unrelated death of 21-year-old Laura Catherine Jessome. Her body was found in a hockey bag on the Mira River in 2012.
David Coles, the lawyer for the two media outlets, argued there is huge public interest and the community needs to hear evidence about how MacKinnon was killed to be able to understand the reasoning behind Barrett being found either guilty or not guilty.
- Man charged in 2 Glace Bay murders, 6 years apart
- Two men face joint murder charge in Jessome homicide
- Laura Jessome murder suspect charged with witness intimidation
Barrett was charged with both murders in February 2013.
Ban would create 'horror in the community'
Coles told the hearing that juries are made up of intelligent people and courts over the last dozen years have reaffirmed that juries should be trusted.
He told Justice Robin Gogan that just because jurors have heard about a case doesn't mean they can't be impartial.
"Responsible jurors listen to the charges," he said. "The lawyers can be authorized to ask a series of challenging questions, to make sure they can disabuse themselves of what they've heard outside the courtroom versus what they've heard inside the courtroom. That protects the trial process."
Coles told the judge a publication ban would create "horror in the community." He said the seven-month gap between trials will also reduce the chance a jury could be influenced by the coverage of the first trial.
Gogan will issue a decision on the application for a publication ban later this week.