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- On March 29, 2005 a publication ban was ordered with respect to the testimony of Joseph Charles Guité, and I undertook to hear representations by counsel for interested parties at the end of his deposition to determine if the ban should be released in whole or in part. His cross-examination ended this morning and I have heard representations from all interested parties.
- The importance of a publication ban in the case of Mr. Guité is lessened by the fact that his trial has been postponed to June 6, 2005 and may well be postponed again to a date in September.
- However, to be consistent, there should remain in effect a publication ban with respect only to certain dealings that Mr. Guité had with Mr. Brault, considering that they are accused of criminal conspiracies. The lifting of the ban will be postponed until 3:30 this afternoon, so that Mr. Justice Brunton, who is seized with the record in the Quebec Superior Court, will have an opportunity to take such measures as he deems necessary to protect the rights of the accused to a fair trial. I apologize to my colleague for the short delay within which he will be obliged to act, but the right of the public to be informed of the testimony of Mr. Guité should not be compromised for longer than has already occurred.
- Accordingly, the publication ban is to be lifted, as of 3:30 p.m. with respect to the testimony of Joseph Charles Guité, except for:
- 1) The transcript and broadcast tapes with respect to the representations made by Me. Bernard Roy today between 12:15 and 12:30;
- 2) Exhibit 376A, pages 293, 294 and 295;
- 3) The following portions of the transcription of Mr. Guité's testimony and the related portions of the broadcast tapes:
- Volume 108, page 19710, line 13 to page 19716, line 7;
- Volume 110, page 20106, line 22 to page 20109, line 8.
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John H. Gomery, Commissioner
Dated at Montreal, May 4, 2005
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