Evidence in Europe gets OK to gather

MONTREAL — The prosecution in the murder case of Luka Rocco Magnotta has been given the green light to collect evidence in Europe that might be presented to a jury after his trial begins in September.

Superior Court Justice Guy Cournoyer granted the motion Friday morning. It allows the prosecution, represented by Louis Bouthillier, to travel to France and Germany to collect “commissioned evidence” from more than 30 witnesses. Magnotta, 31, is charged with the first-degree murder of Lin Jun, a 33-year-old Concordia student who was killed on May 25, 2012. Magnotta was arrested in Germany in June 2012. It is believed he arrived in Germany, via France, after having left Canada.

Cournoyer’s order is no guarantee the evidence will eventually be presented to a jury. Once it is obtained it will have to be reviewed to determine if the methods used to obtain it coincide with Canada’s legal system. The legal systems in France and Germany are both based on continental law, which is very different from Canada’s common-law system.

In both European countries the accused does not have the ability to challenge a witness’s testimony through cross-examination. Also, Magnotta cannot be transferred to France or Germany to hear the evidence in person.

As part of Cournoyer’s order, Magnotta should be able to watch the evidence through a video linkup between his cell at the Riviere des Prairies Detention Centre and whatever buildings will be used in Europe. He would also be provided with the means to communicate with his lawyer, likely by telephone, without fear the calls would be recorded by police.

Cournoyer’s order might turn out to be a small hurdle compared to what awaits the prosecution. A prosecutor who works for the Quebec government will have to act as a liaison between his counterparts in Europe to set up dates when the witnesses can be met. The tougher challenge will be to work out a method where the prosecution can get its evidence in a way that conforms with Canadian law and is agreeable to courts in France and Germany. Sebastien Bergeron Guyard, a prosecutor who acts as a liaison estimated it would take between four to six months to set everything up.

The case returns to court on April 25.