Guardian, CBC fighting publication ban in murder trial of Joel Clow

Published on May 18, 2017

Nancy Key, left, is sworn in as a Justice in the Supreme Court of P.E.I. at the provincial courthouse in Summerside in this file photo. Conducting the ceremony is Justice Jacqueline Matheson.

©Journal Pioneer file photo

CHARLOTTETOWN, P.E.I. - The Guardian and the CBC will make submissions in court Friday morning after a court ordered a publication ban on some evidence presented in connection with a first-degree murder trial in Charlottetown.

That ban involves evidence during a voir dire in the first-degree murder trial for Joel Lawrence Clow.

A voir dire is a trial within a trial used to determine if certain evidence will be admissible.

Publication bans in jury trials ensure jurors don’t hear evidence presented in a voir dire but is later considered inadmissible.

Clow’s trial is being heard by Justice Nancy Key alone and she will hear all of the evidence, including anything she may say is not admissible.

All but one witness who gave testimony Wednesday did so during a voir dire and The Guardian and the CBC reported on what they said.

Defence lawyer Joel Pink argued Thursday morning that what the witnesses said hadn’t been ruled admissible yet and was not publishable.

Key told the media present it was not considered evidence in the trial until she rendered her decision and wasn’t to be reported.

Several more witnesses are expected to testify under voir dires and The Guardian and the CBC will make submissions before any of them take the stand.