Pamela Santora

During a first-degree murder trial, the self-represented accused sought to introduce evidence of the deceased's alleged 'high-risk' lifestyle, including his use of gay dating and fetish websites, to suggest an unknown third party committed the murder.

The court dismissed the application, finding that the probative value of the evidence was extremely low and based on conjecture.

The court held that the prejudicial effect substantially outweighed any probative value, as the proposed evidence relied on discredited myths and stereotypes about gay men and would distract the jury from the real issues.

In a first-degree murder trial, the Crown sought to introduce ante-mortem statements made by the deceased to demonstrate his state of mind and the accused's motive to kill.

The defence objected to the viva voce evidence of five witnesses and a Facebook thread, arguing they failed the test of necessity and were not material to motive.

The court ruled the statements admissible, finding they fell under the state of mind exception to the hearsay rule and were not introduced for the truth of their contents.

The court also held the statements were material to establishing motive and their probative value outweighed any prejudicial effect, subject to minor redactions.

Two co-accused, charged with first-degree murder, sought an order permitting their joint representation by a single counsel, Ms. von Achten, following a prior order removing her as counsel for one accused due to conflict.

The court considered the accused's right to counsel of choice, the potential for tactical disadvantages, and the public interest.

Despite acknowledging potential future conflicts and the risk of proceeding unrepresented, the accused, having received independent legal advice, were adamant about their choice.

The court granted the application, emphasizing the accused's constitutional right to choose counsel, provided they confirm their understanding of the risks on the record.

The Crown brought an application to remove Susan von Achten as solicitor of record for Mladen (Michael) Ivezic, who is jointly charged with first-degree murder alongside Demitry Papasotiriou-Lanteigne.

Ms. von Achten had previously provided legal assistance to Mr. Papasotiriou-Lanteigne in a civil claim related to the matrimonial home and a police complaint, while also acting for Mr. Ivezic in the murder prosecution.

The court found a realistic prospect of conflict of interest due to the dual representation and the inevitable overlap between the civil and criminal proceedings.

Despite waivers from both accused, the court determined that Ms. von Achten could not satisfy the difficult burden of rebutting the presumption of confidential information being imparted.

The court emphasized that the potential for conflict, including the possibility of cross-examining a former client, undermined public confidence in the administration of justice.

The application to remove counsel was granted.