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Judge rules in favour of efforts by Raymond defence to speed up process

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Replying to @alllibertynews and 49 others



Methinks the lawyers and media should ask Chucky Leblanc the infamous blogger of Fat Fred City many questions as to why he has taken such a great interest in this matter N'esy Pas?



https://davidraymondamos3.blogspot.com/2020/06/judge-rules-in-favour-of-efforts-by.html



#nbpoli#cdnpoli


https://www.youtube.com/watch?v=z3lyih5Ga14








Judge rules in favour of efforts by Raymond defence to speed up process


Matthew Raymond can have the same jury for his fitness hearing, trial


Hadeel Ibrahim· CBC News · Posted: Jun 22, 2020 7:26 PM AT



Matthew Raymond was found unfit to stand trial last fall. A new fitness hearing is scheduled for August. (Hadeel Ibrahim/CBC)

A judge has ruled Matthew Raymond can have one jury to both decide his fitness to stand trial and his guilt or innocence on murder charges.

Raymond is charged with four counts of first-degree murder in the shooting deaths of Fredericton police constables Sara Burns and Robb Costello, and Donnie Robichaud and Bobbie Lee Wright of Fredericton. He was arrested after a shooting on Fredericton's north side in August of 2018.

Justice Fred Ferguson sided with the defence on the one-jury argument. He said it's Raymond's right to keep the same jury for the two trials. However, if Raymond is found fit in August, he can also choose to have a second jury summonsed.

Defence lawyer Nathan Gorham said having one jury will make the transition between a fitness hearing and criminal trial quicker.

The Crown was worried having one jury will be risky, in case too many jurors need to be excused between the fitness hearing in August and the trial in September, resulting in a mistrial.


Nathan Gorham and co-counsel Breana Vandebeek stand outside the Fredericton Convention Centre, where Court of Queens Bench hearings have been held to maintain COVID-19 physical distancing measures. (Ed Hunter/CBC)

Speaking to reporters outside the makeshift courtroom at the Fredericton Convention Centre, Gorham said the goal is to get his client to trial as quickly as possible.

"We're asking for one jury, and an abbreviated adjournment process, and more potential jurors to avoid a mistrial," he said. "All three of those applications were there for the purpose of trying to get the trial done and completed as early as possible."

The fitness hearing is tentatively scheduled for Aug. 17 at the Fredericton Convention Centre. Ferguson said this fitness hearing will probably be the first instance of a jury being chosen in the country after the COVID-19 pandemic was declared.

Raymond, 50, has been in custody since his arrest. He was slated for a criminal trial last year, but his behaviour in court and lack of communication with his defence lawyer prompted questions about his fitness to stand trial.
A jury found him unfit in October of 2019 after a three-hour deliberation. Since then, he's been receiving antipsychotic medication. He needs to go through a second fitness hearing before the murder trial could go ahead.

The process has been further delayed by the court shutting down because of COVID-19.

All sides have been meeting again since the courts reopened two months ago. On Monday, the judge made multiple rulings about next steps. Raymond appeared by phone from the Restigouche Hospital Centre where he's been for the past few months.

Other rulings

Ferguson ruled the defence is not allowed to admit to certain elements of the crime, or have an agreed statement of facts, until Raymond is found fit. 

Gorham argued he's spoken to Raymond while he was still fit, and he has the right as his lawyer to make admissions for him.


Defence lawyer Nathan Gorham says he's trying to minimize the time between Matthew Raymond's fitness hearing and his criminal trial, if it does go ahead. (Ed Hunter/CBC)

However, Ferguson said that won't be fair to Raymond. He said because Raymond is still unfit in the eyes of the law, he can't consent or admit to anything.

Ferguson said he will attempt to move up the trial date to earlier than Sept. 28, if Raymond is found fit. 

On Monday the court heard jury summonses will come out in the near future. Selection will take place under strict physical distancing, where potential jurors will be spread out, split into groups and given face shields.

Summonsing enough jurors?

Ferguson also ruled he will summons the exact number of jurors the court could fit in the convention centre, or a bigger venue if found, while still maintaining physical distancing.

Gorham has been attempting to convince the court to summons more people than can be accommodated at once, and bring them in to court in groups. But the law prevents the court from being able to sort jurors remotely, and Ferguson ruled even during a pandemic he does not have the reach or the authority to go against the law.
"I'm not prepared to break the law, it's just that simple," he said. "I believe the law says what it says."

Ferguson said there is an effort underway to update the law, but no progress has been made yet.

"I think it's an oversight, I think it's going to be remedied, but it's not going to be remedied in time" he said. 

About the Author



Hadeel Ibrahim is a CBC reporter based in Saint John. She can be reached at hadeel.ibrahim@cbc.ca











Monday, 22 June 2020



Saturday, 4 January 2020




Friday, 11 October 2019


Tuesday, 5 March 2019


Friday, 8 February 2019


 



Tuesday, 11 December 2018



There's a publication Ban but I will say that I don't agree with the decision of the Judge...Could be a VERY long process.....Stay tuned....

https://youtu.be/PQe2YYjoFoc

Monday, 29 October 2018


Thursday, 27 September 2018



Monday, 24 September 2018


 
 



Friday, 7 September 2018


Thursday, 6 September 2018



Monday, 3 September 2018

I knew I took a picture but couldn't find it. I forgot I interviewed him last year...this video just popped in my monitor this morning.....My description I made of Matthew yesterday morning with Bryce Melanson sure shows in this video -



Sunday, 2 September 2018

 

Saturday, 1 September 2018 










Nathan Gorham, Criminal Trial and Appeal Lawyer

Nathan Gorham is a criminal trial and appeal lawyer, who has more than 15 years experience as a partner at Canada’s largest criminal defence firm. Since creating his own firm and opening offices in Toronto, Ontario and Saint John, New Brunswick, he frequently defends complex cases in Ontario and Atlantic Canada. He holds a Master of Laws from the University of Toronto, where he continues his research as a doctoral candidate. He also teaches criminal law and homicide courses at the University of New Brunswick, Faculty of Law. His writing has been published in academic journals, professional periodicals, and national newspapers, as well as a text book on drug offences.

Early life

Nathan grew up in several small New Brunswick towns: Centerville, Doaktown, and Riverview. In 1995, he attended Saint Francis Xavier University, where he studied political science. As a wide-receiver with the St. Francis Xavier University X-Men football team, Nathan was named Academic All-Canadian, a national award granted for academic excellence while playing a varsity sport. He was later inducted in the St. F.X. Sports Hall of Fame as a member of the 1996 X-Men Football team.

Legal Studies

After completing his undergraduate studies, Nathan attended law school at Queen’s University. As a member the Queen’s Golden Gaels football team, he was once again named Academic All-Canadian. In addition to that award, he achieved a variety of other academic awards, including the highest ranking in his graduating class for criminal law related courses. During his law studies, four of his papers were published in academic journals. In 2015, Nathan obtained his Master of Laws from the University of Toronto, where he also commenced his doctoral studies that same year. His masters and doctoral research focuses on miscarriages of justice in the bail system.

Career

Nathan began his practice with Pinkofskys Criminal Trial and Appeal Lawyers, which was the largest criminal law firm in Canada at the time. A year later, he was made a partner. From very early in his practice, he focused on serious and complex criminal litigation. For example, during his first year of practice, he defended 10 jury trials and won his first homicide trial. In 2010, Nathan helped re-constitute the firm under a new name: Rusonik, O’Connor, Robins, Ross, Gorham & Angelini LLP. It remained the largest criminal law firm in Canada. In 2019, Nathan formed his own firm, Gorham Vandebeek, Trial and Appeal Lawyers. He regularly defends criminal cases throughout the Greater Toronto Area, as well as various cities in New Brunswick (Saint John, Moncton, Fredericton, Edmundston) and other parts of Atlantic Canada.

Teaching, Writing, Volunteering

In 2018, Nathan joined the University of New Brunswick, Faculty of Law as a Part-time Professor. He teaches (or has taught) Legal Ethics, Wrongful Convictions, Prosecution and Defence of Homicide, and Criminal Law.
Nathan’s writing has been published in various academic and professional journals. He also co-authored a book, Prosecuting and Defending Drug Offences (2019, Emond). His writing has been featured in the Globe & Mail, The National Post, and the Toronto Star.
From 2015 to 2019, Nathan volunteered as the Head Coach of the University of New Brunswick, Saint John Seawolves Football Team. He also coached the UNB Gael moot team in 2020. He also coached youth baseball in Rothesay, New Brunswick.

(416) 410-4814 (Toronto)   |   (506) 644-8714 (NB)   |   gorham@gvlaw.ca

Recent successes

Toronto and Saint John Criminal Lawyer, Nathan Gorham, speaking with the news media on behalf of a client was acquitted of a homicide offence.
Nathan frequently succeeds in defending most difficult and complex criminal cases. He takes a particular interest in defending cases involving dishonest or corrupt prosecution witness or cases involving vulnerable or disadvantaged clients. Below are some of his recent successes in cases involving allegations of murder, firearms, drug trafficking, sexual assault, and serious driving offences. Visit the links below to read more about his recent successes, bearing in mind that every case depends on its own facts, and past success does not necessarily predict future success. To obtain a legal opinion, contact Nathan at (416) 410-4814 (Toronto), (506) 644-8714 (NB), or gorham@gvlaw.ca.

In the media

Toronto and Saint John Criminal Lawyer, Nathan Gorham, often provides expert commentary on television and in national newspapers. He has addressed issues relating to major murder prosecutions, police corruption in drug prosecutions, the defence of sexual assault cases, as well as firearms legislation.
Mr. Gorham regularly defends high-profile, complex murder trials and appeals. In a recent notable case where he successfully sought the exclusion of a forensic pathologist evidence, the National Post reported that his cross-examination was “devastating”.

Teaching and Scholarship

Mr. Gorham is a member of the University of Brunswick, Faculty of Law. He teaches Criminal Law, Legal Ethics, and Homicide and coaches the Gale Moot Team.
Mr. Gorham is also a doctoral candidate at the University of Toronto, Faculty of Law. His research examines miscarriages of justice in the bail system.
During his studies at Queen’s University, Mr. Gorham’s writing was regularly published in academic journals and he won variety of academic awards, including highest overall standing for overall performance in criminal law related courses.




















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