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91ƵConcealed91Ƶ romance between prosecutor, paralegal leads to B.C. mistrial

Judge rules 91Ƶegregious91Ƶ conduct means man convicted of sexual assault should get new trial
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The B.C. Supreme Court has ordered a new trial for a man convicted of sexual assault after he learned his defence lawyer91Ƶs paralegal was dating the Crown prosecutor during his trial.

Justice Veronica Jackson ruled last week in Courtenay, B.C., that Cameron Gagne should get a new trial because his lawyer, Eric Chesterley, and prosecutor Nicholas Grabe failed to tell the court about the relationship.

Gagne was found guilty of sexual assault by a jury in November 2023, and the judge91Ƶs ruling says that at a hearing last March, Chesterley disclosed that he knew his paralegal had been dating the prosecutor, telling the court the relationship was not 91Ƶentirely unknown91Ƶ to him.

The ruling says Gagne was shocked to learn of the 91Ƶromantic relationship91Ƶ between the prosecutor and his lawyer91Ƶs paralegal, who assisted Chesterley throughout the trial that began in October 2023.

Jackson91Ƶs decision says Gagne applied for a mistrial, claiming his trial was unfair due to a 91Ƶmiscarriage of justice91Ƶ because neither his lawyer nor the prosecutor told him about the relationship.

The judge ordered a new trial for the man, finding the relationship was 91Ƶconcealed91Ƶ from Gagne and not disclosed to the court, which she found to be 91Ƶegregious91Ƶ conduct that created 91Ƶan appearance of unfairness.91Ƶ

91ƵA reasonable and objective observer would consider it a betrayal and a fundamental breach of trial fairness for an accused to learn only after he has been convicted at trial that a member of his defence team had been, at least metaphorically, sleeping with the enemy, by being involved in a personal relationship with the Crown, a relationship known to both counsel, but concealed from him,91Ƶ Jackson91Ƶs ruling concludes.





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