CBC News, Cape Breton Post argue against murder trial publication ban

A Nova Scotia Supreme Courtjudge in Sydney has reserved her decision on an application to ban the publication of any evidence in the second-degree murder trial of Thomas Ted Barrett of Glace Bay.

The CBC and the Cape Breton Post oppose the application.

Barrett, 40, is scheduled to stand trial in Sydney this month in the death of 21-year-oldBrett ElizabethMacKinnon, who disappeared from Glace Bay in 2006. Her remains were found in a wooded area of the town in 2008.

Barrett's lawyer, Brian Bailey, argued in court Mondaymorning that evidence from the trial by judge alonecould taint potential jurors across the province when Barrett stands trial in another case inthe fall.

He's also accused of second-degree murder in the unrelateddeath of 21-year-old Laura CatherineJessome. Her body was found in a hockey bag on the Mira River in 2012.

David Coles, the lawyer for the two media outlets, arguedthere is huge public interest and the community needs to hear evidence about how MacKinnonwas killedto be able to understand the reasoning behindBarrettbeing foundeitherguiltyor not guilty.

• Man charged in 2 Glace Bay murders, 6 years apart
• Two men face joint murder charge in Jessome homicide
• Laura Jessome murder suspect charged with witness intimidation

Barrett was charged with both murders in February2013.

Ban would create 'horror in the community'

Coles told the hearing that juries are made up ofintelligent peopleand courts over the last dozen years have reaffirmed that juries should be trusted.

He told Justice RobinGoganthatjust because jurors have heard about a casedoesn't mean they can't be impartial.

"Responsible jurors listen to the charges," he said. "The lawyers can be authorized to ask a series of challenging questions, to make sure they can disabuse themselves of what they've heard outside the courtroom versus what they've heard inside the courtroom. That protects the trial process."

Coles told the judgea publication ban would create "horror in the community." He saidthe seven-month gapbetween trials will also reducethe chance a jury could be influenced by the coverage of the first trial.

Goganwill issue a decisionon the application for a publication ban laterthis week.