Tweet
The Crown will today urge a judge to restrict the release of a videotaped police interview with Paul Bernardo because of fears it could end up on the video-sharing site YouTube.
During the police interview with Bernardo last year, he responds with a convoluted denial when asked if he killed Elizabeth Bain.
Robert Baltovich was acquitted last month of murdering his girlfriend Elizabeth Bain in June, 1990, when the Crown unexpectedly decided to call no evidence at the re-trial on the day the jury was scheduled to hear opening arguments.
Superior Court Justice David McCombs, who presided over the re-trial, must decide whether to release a copy of the interview to the media.
The Supreme Court of Canada has repeatedly stressed the importance of access to court exhibits.
Lawyers representing Mr. Baltovich were going to point to Bernardo in the re-trial as a legitimate suspect in the disappearance of Ms. Bain.
They are arguing that there is a public interest in permitting the media to broadcast the interview.
"His response to the police question whether he killed Elizabeth Bain is chilling and suggests culpability," wrote Joanne McLean, a lawyer representing Mr. Baltovich in arguments filed with the court. "The video needs to be seen to appreciate its true character. A transcript does not do it justice," she wrote.
During the police interview with Bernardo last year, he responds with a convoluted denial when asked if he killed Elizabeth Bain.
Robert Baltovich was acquitted last month of murdering his girlfriend Elizabeth Bain in June, 1990, when the Crown unexpectedly decided to call no evidence at the re-trial on the day the jury was scheduled to hear opening arguments.
Superior Court Justice David McCombs, who presided over the re-trial, must decide whether to release a copy of the interview to the media.
The Supreme Court of Canada has repeatedly stressed the importance of access to court exhibits.
Lawyers representing Mr. Baltovich were going to point to Bernardo in the re-trial as a legitimate suspect in the disappearance of Ms. Bain.
They are arguing that there is a public interest in permitting the media to broadcast the interview.
"His response to the police question whether he killed Elizabeth Bain is chilling and suggests culpability," wrote Joanne McLean, a lawyer representing Mr. Baltovich in arguments filed with the court. "The video needs to be seen to appreciate its true character. A transcript does not do it justice," she wrote.
The full transcript: http://www.nationalpost.com/document...8-bernardo.pdf
Excerpts:
- When asked if he killed Elizabeth Bain on June 19th, 1990.
"That is a loaded question. I mean are we going to go back and go through the time sequence of what happened in my life. I mean I could just give a yes or no answer. But you know, there are a lot of issues about that. You know, Karla's and my role. Who did what, when, why -- you guys, you know go down there to get a polygraph to see if she's telling the truth. Why didn't they do it in the first place.? I mean, why would he make a deal with someone and not give them a polygraph? It's incomprehensible …. anyway, I know I am giving you guys a hard time, but I mean really. I'm a human being. When you guys do all these things, I've gotta. I'll try to give you a little bit more. Anyways, the answer to that is no. But the 800 pound gorilla in a room -- that's a life-25 sentence, you know.
It really comes down to credibility…"
- Bernardo then denies again he killed Ms. Bain and does not remember if they ever met).
- Bernardo complains to the interviewers that his claims about other sexual assaults he committed are not being taken seriously.
"I made mistakes 17 years ago. That's okay. Fine, I did, but now we're talking about today and you're not going to roll forward that I'm some sort of pyshopathetic liar siting in jail claiming other people's responsibility for other crimes."
"That is a loaded question. I mean are we going to go back and go through the time sequence of what happened in my life. I mean I could just give a yes or no answer. But you know, there are a lot of issues about that. You know, Karla's and my role. Who did what, when, why -- you guys, you know go down there to get a polygraph to see if she's telling the truth. Why didn't they do it in the first place.? I mean, why would he make a deal with someone and not give them a polygraph? It's incomprehensible …. anyway, I know I am giving you guys a hard time, but I mean really. I'm a human being. When you guys do all these things, I've gotta. I'll try to give you a little bit more. Anyways, the answer to that is no. But the 800 pound gorilla in a room -- that's a life-25 sentence, you know.
It really comes down to credibility…"
- Bernardo then denies again he killed Ms. Bain and does not remember if they ever met).
- Bernardo complains to the interviewers that his claims about other sexual assaults he committed are not being taken seriously.
"I made mistakes 17 years ago. That's okay. Fine, I did, but now we're talking about today and you're not going to roll forward that I'm some sort of pyshopathetic liar siting in jail claiming other people's responsibility for other crimes."
Comment