Sask judge rules Toronto lawyer gets to see case against accused pedophile: Knowledge Driven Revolution

REGINA (CP) - A Toronto lawyer will get to see the Crown's evidence against a convicted pedophile charged with the abduction and sexual assault of a Saskatchewan boy and a Manitoba teen.

Provincial court Judge Dennis Fenwick ruled Friday that even though Daniel Brodsky is not the lawyer of record on Peter Whitmore's case, it would be easiest if he were to get disclosure from the Crown.

Earlier this week, Whitmore declined the services of two Saskatchewan legal-aid lawyers assigned to his case and said he would represent himself in court with Brodsky operating as his adviser.

The Crown drafted a list of terms under which Whitmore would get to see the evidence against him to ensure it was not used inappropriately, but Whitmore objected to several of them.

One of his main concerns was the fact that any notes he made regarding his case could be viewed by police and used as evidence against him.

He was also worried that a condition requiring him not to discuss the evidence with others would prevent him from talking to Brodsky or potential witnesses.

"How can I have a fair trial if I can't talk to anybody in regards to it?" Whitmore asked.

After about half an hour of arguing in front of Fenwick, the judge ordered the Crown to disclose its case to Brodsky, who has said an application might still be made for public funding to have him named to the case.

"Things would be a lot easier if you took the counsel that was offered to you," Fenwick told Whitmore before he ruled.

Outside court, Crown prosecutor Anthony Gerein said he would contact Brodsky and work out conditions under which the evidence can be released to him.

"At this point, we'll discuss terms," Gerein said. "There are certainly certain conditions that we put on cases such as this to ensure that there is no dissemination or improper use."

Whitmore is charged with two counts of kidnapping, two counts of sexual assault causing bodily harm and one count of abducting a child under the age of 14.

He has been in custody since Aug. 1 when he surrendered to police following a 48-hour search and 10-hour standoff at an abandoned farm in southeastern Saskatchewan.

Gerein has said that, should the Crown be successful in getting a conviction, he will use Whitmore's long record of sexual offences involving children to persuade a judge that he should be declared a dangerous offender. That would mean an indefinite sentence behind bars.

Whitmore is due back in court next Thursday.

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HOME V for Vendetta - R for Reality Canadian Bird Flu Pandemic Looming ? Shill of the Week: Stephan Harper Aspartame: The Sweetest Killer Chicken Little Terrorist of the Week: Creating Fake Terrorists Shill of the Week: Paul Martin The Number 1 Reason YOU became a Slave	Sask judge rules Toronto lawyer gets to see case against accused pedophile TIM COOK - CP September 11, 2006 REGINA (CP) - A Toronto lawyer will get to see the Crown's evidence against a convicted pedophile charged with the abduction and sexual assault of a Saskatchewan boy and a Manitoba teen. Provincial court Judge Dennis Fenwick ruled Friday that even though Daniel Brodsky is not the lawyer of record on Peter Whitmore's case, it would be easiest if he were to get disclosure from the Crown. Earlier this week, Whitmore declined the services of two Saskatchewan legal-aid lawyers assigned to his case and said he would represent himself in court with Brodsky operating as his adviser. The Crown drafted a list of terms under which Whitmore would get to see the evidence against him to ensure it was not used inappropriately, but Whitmore objected to several of them. One of his main concerns was the fact that any notes he made regarding his case could be viewed by police and used as evidence against him. He was also worried that a condition requiring him not to discuss the evidence with others would prevent him from talking to Brodsky or potential witnesses. "How can I have a fair trial if I can't talk to anybody in regards to it?" Whitmore asked. After about half an hour of arguing in front of Fenwick, the judge ordered the Crown to disclose its case to Brodsky, who has said an application might still be made for public funding to have him named to the case. "Things would be a lot easier if you took the counsel that was offered to you," Fenwick told Whitmore before he ruled. Outside court, Crown prosecutor Anthony Gerein said he would contact Brodsky and work out conditions under which the evidence can be released to him. "At this point, we'll discuss terms," Gerein said. "There are certainly certain conditions that we put on cases such as this to ensure that there is no dissemination or improper use." Whitmore is charged with two counts of kidnapping, two counts of sexual assault causing bodily harm and one count of abducting a child under the age of 14. He has been in custody since Aug. 1 when he surrendered to police following a 48-hour search and 10-hour standoff at an abandoned farm in southeastern Saskatchewan. Gerein has said that, should the Crown be successful in getting a conviction, he will use Whitmore's long record of sexual offences involving children to persuade a judge that he should be declared a dangerous offender. That would mean an indefinite sentence behind bars. Whitmore is due back in court next Thursday. Read the full article here Broken Link? If the link to the original article is broken or has been altered you can view the article by clicking here. About KDR \| \| Home \| \| Weekly Features Archive	Weekly Features Archive
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