NEWS

Bain's wish for publication ban lift denied by Quebec judge

05/10/2013 12:54 EDT | Updated 07/10/2013 05:12 EDT
A Quebec judge has denied a request from the accused in the election night shooting to lift a publication ban on his preliminary hearing.

Richard Bain, who is now representing himself after he failed to qualify for legal aid, insisted that he wanted the media to be able to publish details about the evidence presented at the proceedings.

Details about that evidence is usually subjected to a publication ban because of the impact it could have on any subsequent trial.

By law, judges must grant a publication ban on evidence presented at bail hearings and preliminary inquiries if the accused asks for one

However, in this case, the defendant was arguing against the imposition of a ban.

The Crown had asked the judge to block the media from printing evidence presented, saying Bain’s inflammatory statements could taint a jury.

The reasons for the judge's decision also fall under the publication ban.

"It is unprecedented that a judge imposes a publication ban on his own judgment,"media lawyer Mark Bantey said outside the court room.

"It's absolutely extraordinary. I've never seen that. But I can't comment any further because there is a publication ban in effect."

The election night shooting at a Parti Québécois victory rally being held at the Metropolis night club left one man dead and another injured.

Bain was arrested at the scene and charged with 16 offences including first-degree murder, three counts of attempted murder and aggravated assault.

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