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ONTARIO. PROVINCIAL COURT JUDGES
The Honourable Mr. Justice Michael Martin
Ontario Court of Justice According to courtroom observers, Martin is on his best behaviour these days, acting with reasonable kindness toward prosecutors and defence lawyers alike, and giving breaks to defendants unimaginable years ago.
What took place between then and now, of course, was Martin's performance in the Just Desserts preliminary murder hearing -- a controversial judicial display widely known in lawyers' circles for its apparent unfairness and for muddled rulings. Indeed, Ontario court (general division) dramatically agreed with a defence motion to have Harris removed from the proceedings because of an "apprehension of bias" against the defendants.
The trouble began when one of the defendants was put into arm and leg shackles by courtroom security officers, making him look "chained up like Kunta Kinte,'' as one lawyer put it.
The Ontario court (general division) ruled that Martin should have held a hearing -- with defence submissions -- before allowing the shackling to take place, because of the resulting prejudicial appearance.
The judge was also faulted for limiting the defence's ability to cross-examine crown witnesses.
One defendant had his own lawyer, while he and his fellow accused also shared a second lawyer together. Martin, however, allowed only one defence lawyer to question hostile testimony. Thus, the first lawyer conducted cross-exalminations even though he didn't represent the second defendant.
In the end, key prosecution witnesses were not cross-examined at all.
Martin was called "the White Knight" as a Crown attorney in London before being appointed to the bench. But now he is known for his tough sentences.