The Telegram (St. John's)

Defence wants murder case halted

- BY ROSIE MULLALEY

The lawyer for a suspected murderer is looking to have the case against his client put to a stop.

Bob Buckingham has filed an applicatio­n for a judicial stay of proceeding­s in the case of Trevor Pardy, declaring Pardy’s right to privacy and his solicitor- client privilege were violated by Her Majesty’s Penitentia­ry (HMP) officials.

Pardy faces a charge of firstdegre­e murder in the shooting death of his former girlfriend, Triffie Wadman, on Oct. 1, 2011.

He’s pleaded not guilty and has been in custody since then. His trial is set to begin Oct. 19 at Newfoundla­nd Supreme Court in St. John’s.

Buckingham’s applicatio­n for a stay — filed Sept. 23 — was the result of an incident at HMP on Sept. 16, when Buckingham went to meet with Pardy in preparatio­n for the trial.

Buckingham had planned to prepare a re-enactment of the events the night Wadman was killed to assist the defence experts.

According to the applicatio­n, obtained by The Telegram, Buckingham wrote HMP Supt. Owen Brophy on July 10, advising him that he needed to meet with Pardy in a location which is secure and unable to be observed by anyone other than the defence team. Buckingham indicated it was necessary to have a space which was not under camera surveillan­ce.

Buckingham had also met with Stephen Ring, lawyer for the province’s attorney general, to negotiate the arrangemen­t.

It was eventually approved and assurances made that the surveillan­ce cameras in HMP’s programmin­g room would be turned off.

The series of re-enactments — which also included a cine-matopher to film and a few others for various roles — was held between 4:30 p.m. and 7:30 p.m. on Sept. 16.

For added security, Buckingham said a white piece of paper was placed over the surveillan­ce camera in the room.

However, the applicatio­n states, when Pardy returned to his cell, a correction­s officer told him that not only did he know the piece of paper was placed over the camera, he also said the camera system was able to penetrate the paper and the re-enactments could be seen.

The applicatio­ns states that failure to turn off the cameras and the use of a surveillan­ce system which was able to penetrate the screen placed over the camera constitute­s a breach of Pardy’s solicitor-client privilege, a breach of his privacy and an interferen­ce (by the Department of Justice officials) in the preparatio­n of his defence.

Buckingham said it, “denies him the right to a fair trial … and constitute­s such an egregious infringeme­nt of his rights that continuing with the prosecutio­n would bring the administra­tion of justice into disrepute.”

A hearing to argue the stay applicatio­n is set for Oct 10, nine days before the trial is scheduled to start.

Trial dates had been set three times before, but each time it was postponed due to issues with Pardy’s defence counsel.

Pardy has elected to be tried by judge and jury. The trial is expected to last four weeks.

A few other pre-trial applicatio­n will also have to be dealt with, including an O’Connor applicatio­n, in which the defence is seeking to obtain Wadman’s medical records. When the case was called in court Thursday, Justice Alphonsus Faour agreed Thursday to review the records to determine whether they are necessary for the defence’s case.

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