SEAN GORDON AND DALE ANNE FREED
Quebec Court Judge Jean R. Beaulieu yesterday rejected defence contentions that Homolka represents no danger to the public, pointing to her reluctance to talk about the sexual torture and murder of Kristen French, 15, and Leslie Mahaffy, 14, and the rape and death of her sister Tammy, 15
Another key reason was the lengthy correspondence and romantic relationship with convicted killer Jean-Paul Gerbet, who she met in 2002 while jailed at a prison north of Montreal.
Gerbet, 38, is in prison for second-degree murder in the connection of the strangling death of his girlfriend and will be eligible for parole in 2008.
Beaulieu took just 10 minutes to deliberate over whether to institute the additional restrictions on Homolka's release, expected to take place between June 30 and July 5.
In the end the judge sided with the prosecution and imposed a total of 14 conditions that will force Homolka to keep police informed of her movements, and prevent interactions with violent criminals like Gerbet.
Beaulieu pointed out that all the psychiatric experts who have examined the 35-year-old Homolka believe she must not become romantically involved with violent men in order to avoid recidivism.
"The return in 2005 to this situation of weakness seems dangerous to me ... this relationship augurs nothing good for the future," he said, adding that spousal abuse was one of the key considerations behind the 12-year sentence she received for her role in the rapes and killings committed during her marriage to Paul Bernardo.
"The respondent had the opportunity to end this relationship, she did not. She received warnings, but did not take them into account," he said, ruling that the Crown's fears were "reasonable and founded."
While Beaulieu recognized that Homolka has made strides through prison therapy, he said she has erected the roadblocks to her own recovery.
"We must be suspicious in serious cases of someone who doesn't have the courage, or at least the will, to get to the bottom of things," he said. "It is an obvious signal to this court that this person ... has put the protection of herself above that of her fellow citizens."
Defence lawyer Sylvie Bordelais said "the only thing (Homolka) wanted was to see her family, to see her nephew and her niece. That was her main concern.
Bordelais told reporters after the ruling that, "In a sense she understands the fact that people are still very angry and mad at her," and that she never wanted to raise "animosity and fear."
Tim Danson, the lawyer for Mahaffy and French families, said his clients were relieved at the court's decision.
"We will retain a team of international mental health experts" to examine Homolka's clinical records and "see how the issue of psychopathy is dealt with."
"These conditions will help but they're far from conclusive," Danson said.
Ontario Attorney-General Michael Bryant said the restrictions on Homolka should ensure public safety and prevent mob justice when she is released.
"Today, Canada's justice system acted, not reacted, to prevent harm upon Homolka's release and to protect the public upon Homolka's release," he said.
"Right now, my thoughts are with the victims and their families," said Bryant.
"This has been a brutal period for them, to have to relive this yet again has been particularly difficult," he said, "I will certainly do all I can to protect Ontarians and to work with attorneys across the country to protect Canadians after her release."
A trio of investigators from the Niagara Region police said they were elated by the restrictions, even if one admitted to being "a little surprised."
"I'm very pleased and relieved. We came here and accomplished what we came here for. ... We will be bringing back to Ontario the conditions that they were seeking in order for us to maintain public safety," said Insp. Brian Eckhardt, who testified in the original court proceedings involving Homolka and her former husband Paul Bernardo.
In her closing arguments,Bordelais said her client's psychological evaluations should be considered as a whole, and that her progress while in prison and her designation as a low-risk inmate mean she has changed.
"There's nothing that justifies fear on the part of citizens. There is nothing that justifies the fears of the victims' families," she said.
James Ramsay, the St. Catharines-based prosecutor in the hearings, asked for 11 conditions to be placed on Homolka.
He also tried to debunk key defence contentions that Homolka suffered from battered-wife syndrome and was in the clutches of a calculating psychopath when she participated in the killings.
Ramsay referred to two occasions when Homolka stood up to Bernardo, once when he was smashing a dog's head on concrete, and a second time when he tried to force her into having sex with the family pet.
"She was willing to risk being alone for the dog. For her sister? No. For two other young women? No. But for the dog, yes ... that says all you need to know about Ms. Homolka's character," he said.
The court rejected testimony from defence psychiatrist Louis Morissette, who posited Homolka posed little danger of reoffending and showed no evidence of sexual deviancy, psychopathy or anti-social behaviour.
Under the terms of the court order, which applies for 12 months after her release date, Homolka won't be allowed to communicate with Gerbet unless she receives written permission from her therapist.
Homolka signed the recognizance order at just after 6 p.m. under the watchful eye of the judge and prosecutors.
If she violates the terms set out by the court, she will be returned to prison for two years.
With files from Kerry Gillespie