Barber’s lawyer, Diane Magas, filed an application to stay all charges against her client, accusing the Crown of “abuse of process” and trampling his right to a fair trial after the public disclosure of 4,000 pages of Barber’s private cell phone data.Sign up to receive daily headline news from the Calgary Herald, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
On Thursday, Greenspon and Magas both raised objections to the Crown’s application for an out-of-town judge, primarily citing the late-stage filing and the impact it may have on their clients’ rights to a trial within a reasonable time. Mack argued on behalf of the Crown that there has been no arraignment on the charges, no judge is yet seized to preside over the case and there has been no evidence or testimony called.
He cited the guiding principle that court “must guard against the potential for unconscious bias and diligently avoid any apprehension of bias.”
Source: Law Daily Report (lawdailyreport.net)
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