Defence drops request for publication ban in trial of Carol Berner
Posted Jun 3, 2010 02:38:39 PM.
This article is more than 5 years old.
SURREY (NEWS1130) – The defence has dropped its bid for a publication ban on some of the evidence in the trial of Carol Berner, who is accused of impaired driving causing death in the May 2008 death of 4-year-old Alexa Middelaer.
Defence lawyer David Tarnow originally didn’t want the public to hear evidence surrounding Carol Berner’s dealing with police following the crash that killed Alexa on a rural Ladner road. Tarnow says he thinks the evidence was collected improperly. However, the Crown opposed the ban, and the defence dropped the request after admitting there was no case law to support it.
However, Tarnow continues to say he doesn’t want the case “tried in the court of public opinion”.
Alexa Middelaer died after being hit by a car driven by Berner. Alexa’s aunt, who was feeding horses with her neice along the side of the road, was also seriously hurt in the crash.
