SUPERIOR COURT OF JUSTICE

HER MAJESTY THE QUEEN

- and -

MARK FARRELL

OMAR MARKS

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(excerpt of)

V O L U M E 1 5

LIFTING PUBLICATION BAN

GIVEN ORALLY BY THE HONOURABLE MR. JUSTICE C. McKINNON

on the 3rd day of December, 2001,

at OTTAWA, Ontario

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CHARGES: Sections 234, 465(1)(c), 87 - C.C.

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APPEARANCES:

Scott Little Counsel for the Ottawa Citizen

Mark Holmes Counsel for the Crown

JoAnne Meloche, Ms.

Mitch Chernovsky, Esq. Counsel for the accused,

Matt McGarvey, Esq. Mark Farrell

Robert Selkirk, Esq. Counsel for the accused,

Susan Morris, Ms. Omar Marks

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December 3, 2001

RULING

(Lifting the ban of Publication)

McKINNON, J. (orally):

The Crown has directed a stay of proceedings on the basis that the testimony of Mr. Wilkins given on the voir dire was perjured. Investigation has revealed that his dwelling had not, in fact, been burned to the ground.

I have acceded to the stay of proceedings. The concerns identified concerning my order restricting publication of the evidence heard on the application have become moot. As such, Mr. Little, the ban which I placed upon the evidence taken on the voir dire in furtherance of a request that Mr. Wilkins' name not be the subject of publication will be lifted and your client will have free rein on publication rights to that evidence.

In addition, you may have access to Exhibit 4, being the photographs of Mr. Wilkins, the accused, and certain other Crown witnesses.

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The Honourable Mr. Justice C. McKinnon