Efforts to have the publication ban lifted on evidence heard during the mental fitness trial of accused murderer Kai-Ji Adam Lo have been quashed by a provincial court judge in Vancouver who, on Thursday, dismissed an application filed by a media consortium.
In his decision, Judge Reginald Harris said the benefits of keeping the publication ban in place will assist in Lo receiving a fair trial “in this highly public matter.”
“I understand, and I’m troubled, about limiting the freedom of expression, or delaying it for a period of time,” Harris said. “That said … in my view the benefits of the ban outweigh the negative effects.”
Lo is facing 11 second-degree murder charges and 31 attempted murder charges related to the alleged car-ramming attack at the Lapu-Lapu Day Filipino festival in South Vancouver on April 26.
Consortium lawyer Daniel Coles said although Harris recognized the significant public interest in the Lo case, he chose to be cautious.
“I think His Honour struggled with the decision but ultimately his balancing, his understanding of what a fair trial ought to look like here, means that today we’re not talking about what transpired in the fitness hearing,” Coles said.
“The judge found that there was no way he could split the baby, and give the press some information, and that ultimately he came down on weighing Mr. Lo’s fair trial rights over public access.”
The decision comes on the heels of a verdict delivered Wednesday by Harris finding that Lo is mentally fit to stand trial on the criminal charges.
Two expert-witness forensic psychiatrists — Dr. Rakesh Lamba and Dr. Robert Lacroix — conducted interviews with Lo and prepared assessment reports that were put into evidence at his fitness trial.
Harris said in deciding whether to make that evidence public, he faced having to balance the open court principle against the risk of poisoning a future jury pool and maintaining the integrity of the fitness process.
B.C. Premier David Eby was criticized in the weeks following the alleged attack after he stated in the legislature that the accused should “spend the rest of his God-damned life in jail.”
Harris did not name Eby in his ruling, but cited his general concern about anyone expressing such sentiments.
“Additionally, I observe that media releases have already included statements by officials indicating that Mr. Lo should spend the rest of his life in jail. These kinds of comments highlight some public sentiment and pose a risk to the fairness of trial,” he said.
“To set aside the ban and combine the materials [from the fitness hearing] to what has already been stated would increase the risk of an unfair trial.”
Harris highlighted that the ban is only interim.
“I note that the ban is not in place for time immemorial and ends when the trial is over,” he said.
Both Crown and defence opposed the application to lift the ban.
Lo attended the rendering of the verdict via video from the Forensic Psychiatric Hospital in Port Coquitlam, where he is being held.
The court process of selecting dates for Lo’s trial begins on Oct. 30.
