Provincial Court in Atlantic Place in St. John’s. Photo by Keith Gosse/The TelegramArticle contentA St. John’s couple charged with sexual violence against children were back in Supreme Court Monday, Oct. 5.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentThe woman and man were arraigned on 10 charges in September, but returned to set a date for trial, at which time one of the woman’s lawyers raised what he said is a key issue with her access to the disclosure.Article contentArticle contentJeff Brace, who represents the woman with co-counsel Matthew Brown, said the Crown’s refusal to hand over the video evidence against his client will affect her ability to prepare for trial and participate in her defence.Article contentArticle contentBrace said the Crown has indicated the accused’s lawyers can view the video at Royal Newfoundland Constabulary headquarters, but it won’t turn over the video directly to the defence.Article contentJustice Peter O’Flaherty commented that the reason for the Crown not wanting to distribute the sensitive material personally was understandableArticle contentProsecutor Deidre Badcock said the defence had rejected the Crown’s proposal to view the video disclosure, and argued the matter was one for a separate hearing, not for the court to address at arraignment. The judge agreed.Article contentIssue has arisen in other casesArticle contentIt’s not the first time such an issue has arisen in St. John’s courts. It’s the Crown’s general protocol not to distribute child sexual abuse material to the defence, but to arrange for lawyers to view it with police.Article contentArticle contentAn accused person has the legal right to access all evidence against them to prepare a proper defence. The Crown has previously argued that it has the authority to restrict how the evidence is provided, its protocol is consistent with Crown offices across the country, and there is a legal process for the defence to challenge the restrictions, which allows a judge to decide whether the restrictions are reasonable.Article contentArticle contentThe couple — whose names are covered by a publication ban, to protect the identity of the children involved — will go to trial before a judge alone over four weeks in September 2027.Article contentIn the meantime, the Crown says more charges are expected to be laid against the man, 45, and the woman. 39.Article contentThey have both pleaded not guilty to charges of sexual assault, incest, making child sexual abuse and exploitation material and corrupting children by drug use and sexual immorality.Article contentThe man has pleaded not guilty as well to bestiality involving a dog, while the woman has entered the same plea to charges of exposing her genitals to a child and inviting sexual touching.Article content
Lawyer for St. John’s woman charged with incest takes issue with her access to video evidence
