Calgary Herald

Lawyer for accused killer wants trial before the courts, not public

- KEVIN MARTIN KMartin@postmedia.com On Twitter: @KMartinCou­rts

Despite widespread publicity and rampant rumours, the case of double-murder suspect Edward Downey should only be tried in a courtroom, his lawyer said Wednesday.

Defence counsel Gavin Wolch, who along with his father, highprofil­e criminal lawyer Hersh Wolch, will be handling Downey’s case, made the comments following a brief first appearance by the accused before a provincial court judge.

The younger Wolch asked Judge Terry Semenuk to adjourn Downey’s case for two weeks so he and his father can be properly retained by the accused.

Wolch also said he doesn’t expect to receive any disclosure from Crown prosecutor­s Carla MacPhail and Ryan Jenkins for about four weeks.

Downey, 46, faces two charges of first-degree murder in connection with the July 11 slayings of Sara Baillie, 34, and the woman’s daughter, five-year-old Taliyah Marsman.

He was charged after Taliyah’s body was found on a rural property east of Chestermer­e last Thursday, ending an Amber Alert for the missing child.

Her mother’s body was found in her Calgary home the day she was allegedly murdered.

Outside court, Wolch said the public should keep in mind his client remains innocent until and if the Crown can successful­ly prove his guilt.

“At this point, what we’re hoping for is for a trial in a courtroom, not a trial before the media or in the public,” Wolch said.

“Obviously, everyone has seen the news, we’ve seen a picture of the accused in a jumpsuit walking toward the police station and we are concerned,” he said of images of Downey being led into the arrest processing unit.

“Identifica­tion (of the perpetrato­r) may be an issue,” Wolch added.

He said the public shouldn’t rush to believe his client is guilty simply because police have charged him or because he has a criminal past.

“We do have a principle in this country that people are tried in a courtroom before a jury of their peers and we would like that to be the way this proceeds, not a question of what happens in the news or people talking about his background from years ago.”

Wolch said Downey’s past is behind him and isn’t a relevant factor in determinin­g his guilt or innocence. “He was not on any form of parole or release at the time,” he said. “He has done his time for his past.”

Downey’s criminal record includes a 2008, four-year sentence for traffickin­g and possession of an unauthoriz­ed firearm and a 1998, 18-month sentence for aiding and abetting prostituti­on.

During his brief court appearance before Semenuk via closedcirc­uit TV, Downey, dressed in standard issue blue Calgary Remand Centre overalls, did not address the court.

Wolch asked that the case return to court Aug. 3, when he expects he and his father will be fully retained by the accused.

He has not yet considered whether to seek bail for Downey.

“At this point, it’s too early for me to comment on that,” he said outside court.

 ??  ?? Janice Fletcher’s sketch shows Edward Downey, 46, who is charged in the deaths of Sara Baillie, 34, and her daughter, Taliyah Marsman, 5.
Janice Fletcher’s sketch shows Edward Downey, 46, who is charged in the deaths of Sara Baillie, 34, and her daughter, Taliyah Marsman, 5.

Newspapers in English

Newspapers from Canada