Lawyer reacts to Smith inquest delay
Posted May 31, 2011 01:58:16 PM.
This article is more than 5 years old.
“Last minute attempts to muzzle counsel [and] to keep information from the media.”
That’s what the lawyer representing the Ontario Advocate for Children and Youth at the Ashley Smith inquest calls the cause for a possible two-week suspension of that inquest.
The inquest is looking into how 19-year old Smith died in a Kitchener prison cell in 2007, and what could be done to possibly avoid similar jailhouse tragedies.
The inquest was suspended last Wednesday as Dr. Bonita Porter considers certain legal motions.
The Canadian Press reports a spokeswoman in the Office of the Chief Coroner said in email that June 13 is being tentatively considered as a date for the inquest to resume.
Lawyer, Richard Macklin, for the Advocate’s Office squarely blames the Correctional Service of Canada for the delay.
Macklin says he can understand how Dr. Porter would need the time to go over motions regarding a CSC request to order media to blur the images of guards faces in photographic and use-of-force video evidence.
But Macklin strongly objects to the way the CSC introduced a larger publication ban request only on the eve of the inquest.
Macklin also objects to the delay caused by Dr. Porter’s comment to the inquest jury that lawyers could be held in contempt if they share evidence exhibits with the media.
Macklin says that comment came ” from out of left field.”
Macklin adds, however, the issue of videotapes of Ashley Smith’s treatment in custody at a Quebec facility are likely not part of Dr. Porter’s thinking time away from the inquest.
Neither the Coroner’s counsel, Mr. Chris Diana, nor the Correctional Service of Canada has yet replied to our request for comment.
