Final arguments to begin in torture trial
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Hey there, time traveller!
This article was published 30/11/2011 (5312 days ago), so information in it may no longer be current.
CALGARY — Beginning today, lawyers will make their final arguments in the Dustin Paxton assault trial in Calgary.
Paxton, 31, has pleaded not guilty to aggravated assault, sexual assault and unlawful confinement of the alleged victim, who was dropped off at a Regina hospital unconscious and severely malnourished. Many of the assaults allegedly also occurred in Calgary. The 28-year-old man, who is from Winnipeg, testified he was subjected to daily beatings and was forced to perform sexual acts. He is now brain-injured and disfigured, despite dozens of surgeries.
Court of Queen’s Bench Justice Sheilah Martin ordered final arguments on Tuesday as lawyers continue to discuss exactly how they will proceed on a stay application presented earlier this month by defence lawyers Jim Lutz and Andrea Serink.
Michael Bates, brought in as independent defence counsel for the stay application, told Martin he still has not decided whether to ask her to recuse herself for the stay application as trial counsel may have to testify in that hearing.
Bates and two independent prosecutors, chief Crown Lloyd Robertson and Gary Cornfield, will continue to discuss that issue and others until Friday. That morning, they will update Martin on what direction the stay application will take, if they have prepared an agreed statement of facts to narrow the issues, and if there will be an application to have her recused and another judge appointed.
Martin said she wanted all decisions on the stay application to be made by Friday and the arguments on the stay to begin on Dec. 7, regardless of whether she is on the bench.
The case against Paxton would be thrown out if the judge grants the judicial stay of proceeding, a rare occurrence.
“I’ve concluded now is the time to hear arguments on the merits — guilt or innocence,” Martin told the lawyers. “It is best to hear arguments on the merits as close to the conclusion of the trial as possible. It’s two weeks past the last witness now.”
— Postmedia News