B E T W E E N:
Respondent
- and -
CHRISTOPHER GORDON McCULLOUGH
Appellant
ENDORSEMENT OF MR. JUSTICE ROSENBERG
DATED JUNE 18, 1999
This is a motion for directions concerning the conduct of the cross-examination on an affidavit, which may be tendered in this appeal. This is an unusual case. This court, in open court, has already heard two witnesses. This cross-examination is part of the response to this testimony. The Spectator has been present at the court proceedings and reported on these proceedings. There is no evidence that any reporting of the cross-examination would interfere with the orderly conduct of this appeal. Any concern about privacy can be dealt with by appropriate conditions.
While the Crown opposed this application I did not understand Mr. Corelli to argue that I have no jurisdiction to make the order sought. While this affidavit and cross-examination are not yet part of the judicial proceeding, these are matters of legitimate public interest involved.
Accordingly, one representative of the Spectator may attend on the cross-examination. He or she will leave the room if requested to do so by either counsel, if any matters of concern such as police investigative practice or witness protection arise. I will be available by telephone on Monday, should any issues arise.
M. Rosenberg J.A.