N.S. judge rejects publication ban in murder trial

SYDNEY, N.S. -- A Nova Scotia judge has refused to impose a publication ban on the first of two trials for a man accused in separate murders of young Cape Breton women.

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In February 2013, police in Cape Breton charged Thomas Ted Barrett with second-degree murder in the deaths of Elizabeth MacKinnon and Laura Jessome in cases six years apart.

Both of the victims were 21 years old.

MacKinnon was last seen in early June 2006 and was reported missing on July 13th of that year. On November 21, 2008, local residents found her remains near a hiking trail on the outskirts of Glace Bay.

Jessome was last seen on May 2, 2012, in the New Aberdeen area of Glace Bay. Her remains were discovered May 25 in a hockey bag floating on the Mira River near Marion Bridge.

Barrett, of Glace Bay, was already in custody in Halifax when he was charged.

At the time, the chief of Cape Breton Regional Police said the investigation took police to jurisdictions across the country.

"This is stuff that we read about in other parts of the world," Peter McIsaac said. "It was horrific to our community to learn this kind of stuff."

Barrett's lawyer sought the publication ban because he was concerned media coverage of the first trial could influence jury deliberations in the second.

Judge Robin Gogan, in a decision released Friday, said she sought to balance Barrett's right to a fair trial and the public's right to freedom of expression, including freedom of the press.

Gogan concluded there is some risk to his fair trial, but she said the evidence fails to establish that it is a "real and substantial risk."

She noted the trials are scheduled to begin about nine months apart. His first, by judge alone, is scheduled for Jan. 18, and the second, to be heard by a jury, is set for Sept, 12, 2016.

"Further, I find that any risk created by the publication of the details of the first trial and the proximity to the second trial can be alleviated by the measures available," the decision says.

Gogan said that risk can be reduced at the second trial by the challenge-for-cause process, in which defence and Crown lawyers determine whether potential jurors have formed fixed opinions about the case, and by jury instruction.

A lawyer for the CBC and the Cape Breton Post argued the accused had not provided enough evidence to warrant a ban that would curtail the constitutional rights of the media and the public.

Four other men were also charged in the cases, three of them with being an accessory after the fact.



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