Pubdate: Thu, 15 Apr 2010
Source: Amherst Daily News (CN NS)
Copyright: Amherst Daily News 2010
Contact:  http://www.amherstdaily.com/
Details: http://www.mapinc.org/media/3379

CASE OF N.S. LAWYER ACCUSED OF PASSING DRUGS TO CLIENT IN JAIL DEEMED 
A MISTRIAL

HALIFAX - A judge has declared a mistrial in the case of a Halifax
lawyer accused of passing drugs to a client in jail.

Anne Calder's right to a fair trial was violated when the Crown
disclosed new evidence against her last Friday, Justice Peter Bryson
ruled Wednesday in Nova Scotia Supreme Court.

Bryson said the evidence, which is banned from publication, was 
"highly prejudicial" to Calder and that its late disclosure breached
her right to make "full answer and defence" to the charges against
her.

"Ms. Calder has satisfied me that last week's late disclosure to her
did adversely affect her, owing to decisions that she had already made
regarding her defence and trial strategy."

Calder made a significant decision last month, Bryson said, when she
gave up the right to a jury trial and re-elected to be tried by a
judge alone.

The judge said he couldn't cure the prejudice done to Calder simply by
giving the defence an adjournment, as suggested by the
prosecution.

Bryson also rejected the option of allowing the trial to proceed
without the new evidence.

"Cases should be decided on all relevant and admissible evidence," the
judge said. " The truth-seeking function of the court would be
impaired if I were to grant an order excluding the evidence.

"In my view, this new evidence should be heard, but not by this court
and not in this trial. Accordingly, and with much reluctance, I've
come to a conclusion that a mistrial should be ordered."

The judge ordered Calder to return to Supreme Court on May 6 to begin
the process of setting dates for a new trial. He said she has the
right to elect a jury trial.

Calder, 56, was accused of passing an envelope containing drugs to a
client at the Central Nova Scotia Correctional Facility in Dartmouth
last July 14.

The former Crown attorney was charged with trafficking in
hydromorphone, a prescription painkiller. She was also charged with
possession of hydromorphone and marijuana for the purpose of
trafficking after police searched her home.

Calder's trial got underway last week and heard from five Crown
witnesses, all correctional officers, before the new evidence was
disclosed and defence lawyer Craig Garson applied for a mistrial.

In his ruling, Bryson said he didn't consider the breach by the Crown
to be deliberate.

The Crown said new information about Calder's past was brought to its
attention " by pure happenstance" during the lunch break last Thursday.

"I do accept that Crown counsel had no prior knowledge of this
evidence and until last week neither did the immediate investigative
team," the judge said. "Counsel acted quickly and appropriately when
it learned of this new evidence."

Calder and Garson didn't want to comment on the decision outside
court. 
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