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Triple killer Ian Bush stood in an Ottawa courtroom this week and argued that his charge of attempting to murder a Second World War Veteran should be stayed because of court delay.
Bush awaits a jury’s verdict in his attempted murder trial stemming from the 2014 home invasion at 101-year-old veteran Ernest Côté’s condo.
The jury in the home invasion trial is now deliberating, and has not been told that Bush is a convicted killer who was found guilty in May of three counts of first-degree murder in the 2007 slayings of retired tax judge Alban Garon, his wife, Raymonde, and their friend, Marie-Claire Beniskos. They were bound, beaten and suffocated with plastic bags tied over their heads at the Garons’ luxury condo on Riverside Drive in a home invasion that mirrors the Côté case. The facts are so similar that the murder trial judge ruled that any evidence from the Côté case couldn’t be heard by the murder trial jury out of fear it would prejudice them against Bush.
Angry over a tax feud, Bush targeted the retired tax judge and also killed the judge’s wife and friend who were also at the condo.
The jury in the Côté case is now sequestered and also has no idea that, in a display of theatrics, Bush argued his own Jordan application to the court Monday.
In the summer of 2016, in a landmark ruling called R. v. Jordan, the Supreme Court set strict trial deadlines for court cases, lambasting the justice system for allowing cases to languish in a slow process. The ruling made clear that the most serious of criminal cases had to be completed with sentencing within 30 months of charges being laid by police or charges could be tossed out.
Bush was arrested and charged for the Côté home invasion in December 2014, and his trial for the offences began 35 months later.
Reluctantly standing inside the prisoner’s box Monday after his lawyer suggested that he might want to, Bush asked Superior Court Justice Robert Beaudoin to not interrupt him until he was done making his submissions.
The killer, who had already filed a factum with the court, referenced other court cases, along with emails between his defence lawyer and the prosecutors as he rifled through his papers.
Bush accused prosecutors of dragging their feet and said that “at no time” was he told of his right to have a trial without delay.
Bush leaned forward over the glass of the prisoner’s box, holding his papers out in front of him. “We have a Crown that is basically lollygagging,” he said.
Bush’s lawyer, Geraldine Castle-Trudel, who has represented him in both of his criminal trials, removed herself as his lawyer specifically so that he could argue his application, because she herself had consented to the delay in trying the Côté case.
It was the crime scene from the Côté home invasion in December 2014 that provided police with the DNA used to charge Bush in the Riverside homicides. He was charged for those murders in February 2015, and Castle-Trudel thought the publicity of trying the Côté case first would harm her client when it was time for him to be judged by his peers on the more serious murder counts.
Bush maintained that he, the accused, hadn’t consented, and that if there was an agreement, he wasn’t bound by it. “I’m not affected by that,” he said.
It’s not the first time Bush has advocated on his own behalf. He represented himself in the tax court proceedings that would lead to his grudge against tax judge Alban Garon. In 2011, Bush represented his former common-law wife in a complaint taken to a professional review board.
On Monday, while being addressed by Beaudoin at times when he disagreed with the judge or attempted to answer his questions, Bush would attempt to interrupt him and speak animatedly with his hands. Bush also interrupted prosecutor Tim Wightman as the Crown presented its arguments opposing the application, asking if what the lawyer was saying was in the documents he had.
Beaudoin dismissed the application. He commended Bush for the package that he submitted to the court, but found it was a complex case that began before the Jordan ruling and that Bush’s own lawyer had agreed to the delay to protect another set of his rights — those to a fair trial.
syogaretnam@postmedia.com
twitter.com/shaaminiwhy
查看原文...
Bush awaits a jury’s verdict in his attempted murder trial stemming from the 2014 home invasion at 101-year-old veteran Ernest Côté’s condo.
The jury in the home invasion trial is now deliberating, and has not been told that Bush is a convicted killer who was found guilty in May of three counts of first-degree murder in the 2007 slayings of retired tax judge Alban Garon, his wife, Raymonde, and their friend, Marie-Claire Beniskos. They were bound, beaten and suffocated with plastic bags tied over their heads at the Garons’ luxury condo on Riverside Drive in a home invasion that mirrors the Côté case. The facts are so similar that the murder trial judge ruled that any evidence from the Côté case couldn’t be heard by the murder trial jury out of fear it would prejudice them against Bush.
Angry over a tax feud, Bush targeted the retired tax judge and also killed the judge’s wife and friend who were also at the condo.
The jury in the Côté case is now sequestered and also has no idea that, in a display of theatrics, Bush argued his own Jordan application to the court Monday.
In the summer of 2016, in a landmark ruling called R. v. Jordan, the Supreme Court set strict trial deadlines for court cases, lambasting the justice system for allowing cases to languish in a slow process. The ruling made clear that the most serious of criminal cases had to be completed with sentencing within 30 months of charges being laid by police or charges could be tossed out.
Bush was arrested and charged for the Côté home invasion in December 2014, and his trial for the offences began 35 months later.
Reluctantly standing inside the prisoner’s box Monday after his lawyer suggested that he might want to, Bush asked Superior Court Justice Robert Beaudoin to not interrupt him until he was done making his submissions.
The killer, who had already filed a factum with the court, referenced other court cases, along with emails between his defence lawyer and the prosecutors as he rifled through his papers.
Bush accused prosecutors of dragging their feet and said that “at no time” was he told of his right to have a trial without delay.
Bush leaned forward over the glass of the prisoner’s box, holding his papers out in front of him. “We have a Crown that is basically lollygagging,” he said.
Bush’s lawyer, Geraldine Castle-Trudel, who has represented him in both of his criminal trials, removed herself as his lawyer specifically so that he could argue his application, because she herself had consented to the delay in trying the Côté case.
It was the crime scene from the Côté home invasion in December 2014 that provided police with the DNA used to charge Bush in the Riverside homicides. He was charged for those murders in February 2015, and Castle-Trudel thought the publicity of trying the Côté case first would harm her client when it was time for him to be judged by his peers on the more serious murder counts.
Bush maintained that he, the accused, hadn’t consented, and that if there was an agreement, he wasn’t bound by it. “I’m not affected by that,” he said.
It’s not the first time Bush has advocated on his own behalf. He represented himself in the tax court proceedings that would lead to his grudge against tax judge Alban Garon. In 2011, Bush represented his former common-law wife in a complaint taken to a professional review board.
On Monday, while being addressed by Beaudoin at times when he disagreed with the judge or attempted to answer his questions, Bush would attempt to interrupt him and speak animatedly with his hands. Bush also interrupted prosecutor Tim Wightman as the Crown presented its arguments opposing the application, asking if what the lawyer was saying was in the documents he had.
Beaudoin dismissed the application. He commended Bush for the package that he submitted to the court, but found it was a complex case that began before the Jordan ruling and that Bush’s own lawyer had agreed to the delay to protect another set of his rights — those to a fair trial.
syogaretnam@postmedia.com
twitter.com/shaaminiwhy
查看原文...
