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Judge's comments on perjury result in new trial

Thursday, November 10, 2016 @ 7:00 PM | By Michael Benedict

A trial judge who suggests in open court that a witness committed perjury creates a “reasonable apprehension of trial unfairness that requires a new trial,” the B.C. Court of Appeal ruled recently in overturning a sexual assault conviction.

B.C. Supreme Court Justice Glenn Parrett’s comments and his some 50 questions of the same witness would lead a “reasonable and informed observer to conclude the judge had made up his mind on a material issue before hearing all the evidence,” the appeal court found on Oct. 18...