"“Having looked at Bernardo in the past and having taken a quick look at the blogs, the social media aspect of this case is enormous,” Wilkins said in accepting the relatively rare application by defence lawyer Alain Hepner.
“The reality is we have no sanctions over anybody that does anything outside of this country, and I am very, very concerned that if I do not make this order, that — through the social media — certain things will occur that will, in fact, taint a jury pool and interfere with the administration of justice and will, in reality, prevent the accused from getting a fair trial.”
Wilkins said Canadian media, members of the Law Society of Alberta, law students involved in the case, family members of the accused and complainants and police officers may remain in the courtroom."
REPORTER DARYL SLADE; CALGARY HERALD;
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PUBLISHER'S NOTE: Permit me to ba a contrarian voice. The public is being kept out of Dr. Levin's preliminary hearing on the ground that international media might flout the publication ban. To this humble blogger it is no answer that the local press will be allowed into the courtroom. I don't accept that the people of Alberta have to receive their knowledge of what happens in the courtroom through the filter of the media. They should be able to walk inside and see for themselves. There are procedures at the actual trial to determine if jurors may have been prejudiced by press coverage - and to excuse those who may have been tainted by the coverage from the panel. I also think that Canadian jurors respect their juror's oath to thry the case objectively. It would be a most unfortunate state of affairs if the social media became accepted as an excuse to lock the people out of their courts.
HAROLD LEVY. PUBLISHER. THE CHARLES SMITH BLOG;
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BACKGROUND: Dr. Aubrey Levin, 71, was first arrested and charged March 23 after allegations that a 36-year-old patient was repeatedly sexually assaulted. Calgary Police said that following that charge, “the sex crimes unit was approached by numerous people alleging they, too, were Sexually assaulted by Levin during counselling sessions or court-ordered visits. These assaults allegedly occurred at Levin's Peter Lougheed (hospital) office or examination rooms. Dr. Levin has now been charged with 20 additional counts of sexual assault involving 20 other patients. Alberta Justice has been reviewing all criminal cases in which Dr. Levin offered testimony to ensure there were no miscarriages of justice. Spokesman David Dear said the work in 17 cases in which Dr. Levin was currently involved has been redone by other psychiatrists. The department is currently reviewing 21 other cases which had been finished. Mr. Dear said that Dr. Levin most commonly gave expert testimony to help the court make decisions on sentencing for people who had already been convicted.
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"CALGARY — Citing expected breaches of a publication ban, a judge has restricted access to the courtroom for the preliminary hearing of prominent forensic psychiatrist Dr. Aubrey Levin, who is facing 21 sexual assault charges," the Calgary Herald story by reporter Daryl Slade published on June 1, 2011 begins, under the heading, "Judge bars international reporters from forensic psychiatrist trial."
"Provincial court Assistant Chief Judge Bob Wilkins said the same concerns that were present in the notorious Paul Bernardo murder case prompted him to ban international media and members of the public," the story continues.
"“Having looked at Bernardo in the past and having taken a quick look at the blogs, the social media aspect of this case is enormous,” Wilkins said in accepting the relatively rare application by defence lawyer Alain Hepner.
“The reality is we have no sanctions over anybody that does anything outside of this country, and I am very, very concerned that if I do not make this order, that — through the social media — certain things will occur that will, in fact, taint a jury pool and interfere with the administration of justice and will, in reality, prevent the accused from getting a fair trial.”
Wilkins said Canadian media, members of the Law Society of Alberta, law students involved in the case, family members of the accused and complainants and police officers may remain in the courtroom.
However, he issued a stern warning that none of the evidence may be leaked or reported on any site.
Hepner earlier told the judge he had contacted all accredited media in Alberta about the access ban and had no concerns that they would follow all bans, which include evidence heard at the hearing and names of the complainants.
“My focus is over the international media, over which this court has no control,” said Hepner, who on Monday said he expected a member of the South African media to attend and cover the hearing. “If anybody should report on this case, it would fly in the face of your ban on reporting the evidence.”
Levin, 72, previously practised psychiatry in South Africa before coming to Canada about 15 years ago.
Hepner said he expects the proposed jury trial to commence early next year.
Crown prosecutor Bill Wister shared Hepner’s concern and supported the exclusion of the public and foreign media.
He noted the court in the Bernardo case had issues with the American media, over which there was no control, prompting a similar ban.
“The Bernardo case sets out the balances of freedom of the press and the integrity of the system,” he said. “The Crown is concerned with the same issues as is Mr. Hepner.”
Wister said he received an email from a South African newspaper reporter saying he would attend to cover the preliminary inquiry, thus he became concerned with the ability to have a fair trial.
Levin was charged with sexual assault on March 23, 2010, in relation to the initial complaint by a former male patient. By July, Calgary police had laid 20 additional counts of sexual assault after other men came forward with similar allegations.
That complainant began his testimony on Wednesday, following the successful application by Hepner.
Levin, who was first licensed by the Alberta College of Physicians and Surgeons 15 years ago, has been suspended and has not practised since the first charge was laid."
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The story can be found at:
http://www.edmontonjournal.com/news/canada/Judge+bars+international+reporters+from+forensic+psychiatrist+trial/4877327/story.html
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
