A harsh refresher course is needed for the Public (others too), to understand the ins and outs of Client/Solicitor Privilege, especially on the high profile cases where on the surface, Justice is being seen to be denied to the
What better example is there than to look at R. V. Murray (Murray was found Innocent).
Something to think about:
Christopher D. Clemmer Article: Obstructing The Bernardo Investigation: Kenneth Murray and the Defense Counsel's Conflicting Obligation to Clients and Court
...... It was demonstrated that privilege does not apply to inculpatory physical evidence, as per the judgement of Justice Gravely. This finding posed a particular problem for Murray. Since the tapes were not protected, he did not have any legal justification to suppress them for use in the trial. Ultimately, although Murray was under the impression that he was acting lawfully, his suppression of the tapes was not protected by privilege and thus, was unlawful. ......
Would laypersons and lawyers alike, see the BC Liberal Government destruction of tapes, documents and other evidence (testimony of a former BC Finance Minister) in the case of BC Rail AND the buyout of the Indemnity deal, as Obstruction of Justice?
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