Co-defendant in polygamy trial excused from hearing evidence
CRANBROOK — In a rare move, Winston Blackmore and his lawyer were excused Wednesday from his trial on a charge of polygamy.
Blackmore is a co-defendant with James Oler, who is also a former bishop of the Fundamentalist Church of Jesus Christ of Latter Day Saints.
Blackmore’s lawyer, Blair Suffredine, requested that both he and his client be excused from a voir dire aimed at establishing that Blackmore’s co-accused, James Oler, had voluntarily made statements to RCMP and had not been coerced or threatened.
The voir dire is expected to last at least a day. Suffredine said Blackmore’s businesses are “in disarray” and suffering because he’s been away so much with the trial that began last week in B.C. Supreme Court.
As for his own presence, Suffredine said he’d be “like a potted plant” since he would not have the right to question the witness or make submissions in the voir dire.
Justice Sheri Donegan described it as “an unusual request … I’ve not been asked this before.”
The Criminal Code requires the accused be present at trial unless there are unusual circumstances.
But other than excusing defendants for misconduct in the courtroom by the accused, it doesn’t specify what those circumstances might be. That, it leaves to the discretion of the judge.
Blackmore and The two men are each facing one count of polygamy, a charge that carries a maximum penalty of five years in jail.