An Ontario judge has been removed from a case in mid-trial because he showed bias against the defendant – a 26-year-old woman who is battling Hodgkin's lymphoma.The highly unusual move came after the woman, Krystal Lee Hill, said she could no longer expect to get a fair trial from her trial judge – Mr. Justice Gregory Pockele of the Ontario Court of Justice.
Ontario Superior Court John Kennedy concluded that Judge Pockele made inappropriately sarcastic outbursts during the initial portion of Ms. Hill’s trial. He said that Judge Pockele intemperately rejected a Charter motion by the defence without hearing legal arguments.
“I am satisfied on the onus required that the applicant has established that bias exists in this case from the trial evidence,” Judge Kennedy said. “It is ordered that the applicant should be afforded a new trial before a differently constituted court.”
Anthony Moustakalis, a lawyer who represented Ms. Hill, said that it is only the third such ruling he has seen in 27 years as a lawyer. “It is an unusual finding because the court finds actual bias, and not just an appearance of bias,” he said.
On April 26, 2009, Ms. Hill was charged with refusing to provide a breath sample after police in London, Ont., stopped the car that she and a friend were travelling in.
At her trial last November, defence counsel Peter Thorning attempted to raise a Charter of Rights issue involving her right to counsel. Judge Pockele took issue because it had been filed 13 days before the hearing, instead of the 15 days that is normally required.
Ms. Hill said that she had had trouble keeping track of the case on account of her chemotherapy treatments and a general apprehension about her health. “Honestly, it’s the last thing on my mind,” she said. “I mean, it’s always there, of course, and I know it’s there, but I can’t focus on anything else right now.”
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Source: Globe & Mail
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