Judge allows unshackling of double-murder suspect
Publication ban imposed on submissions, reasons for granting lawyer’s request
Double-murder suspect Edward Downey was freed from his shackles Wednesday, when a judge agreed with his lawyer they weren’t necessary.
Defence counsel Gavin Wolch had asked provincial court Judge Gerry Meagher on Tuesday to order sheriffs officers to remove the leg restraints while Downey sat in the prisoner’s box during his preliminary inquiry.
Meagher then heard evidence and submissions Wednesday from Wolch and Crown prosecutor Carla MacPhail, before deciding the shackles could be removed.
The judge imposed a publication ban on the evidence and submissions to protect Downey’s right to a fair trial.
He also said there was a ban on his reasons to grant the request, other than it was based on a balancing of the accused’s Charter rights and his presumption of his innocence.
Downey, 47, faces two charges of first-degree murder in connection with the deaths last July of five-year-old Taliyah Marsman and her mother, Sara Baillie.
The body of Baillie, 34, was discovered inside her northwest Calgary home last July 11, but her daughter was nowhere to be found.
Police issued an Amber Alert for the missing girl.
That alert was cancelled three days later when her body was found on a rural property east of Chestermere.
At Wolch’s request, Meagher earlier imposed a mandatory publication ban on the evidence being presented at Downey’s preliminary inquiry by MacPhail and co-prosecutor Ryan Jenkins.
The hearing will enter its fourth day Thursday as the prosecution tries to establish there is enough evidence for Meagher to order Downey to stand trial.
A fifth and final day is scheduled to take place May 16, when it is expected Meagher will make a ruling on whether the case will go to trial.
Downey remains in custody.