Tuesday, May 05, 2009


The guts of the trial are still a way off. Today there was a 45-minute hearing: a motion regarding hearsay evidence. The judge may rule on it next week.
Monday is supposed to be the opening statement by the Crown, but, of course, these things change without notice. Terry Kilrea is expected to be among the first witnesses. We haven't seen him around yet because there's an exclusion order on witnesses. They can't come in the courtroom until they testify. Afterwards, they can come as often as they like.
Sue Sherring, City Hall columnist of the Ottawa Sun has been subpoenaed by the defence, but Edleson asked that she be allowed to stay in court for Monday's media motions (which I was 50/50 right on. I thought Rutherford would toss it all for being late, but he gave Dearden, Canwest's lawyer, a break.) Edelson says he might not call Sherring at all, which puts her in a rotten position: she can't cover the biggest municipal story of the year until Edelson lets her off the hook, one way or another.
Interesting that Edelson has retained the services of Ottawa U law prof David Paccioco, an expert on evidence. In fact, Paccioco wrote the text on evidence that's used in most Canadian law schools.
Will the trial turn on O'Brien's supposedly incriminating statements to the police? On hearsay evidence? On he-said/she-said evidence? On some other point that we don't know about yet?
Will Mayor Larry testify? If he does, he's subject to cross-examination by a Crown Attorney who's already shown himself to be very sharp.

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