Search warrant that led to police shooting death ruled illegal
Last Updated: Wednesday, June 11, 2008 | 7:20 PM ET
CBC News
Jurors at the Basil Parasiris murder trial on Montreal's South Shore asked the judge to review instructions about self-defence laws during their first day of deliberations.
Parasiris is charged with first-degree murder in the death of Laval Const. Daniel Tessier, who was shot dead during a drug raid on the suspect's home last spring.
The jury also asked Justice Guy Cournoyer whether they could listen again to testimony provided by Parasiris and his wife, Penny Gounis, about the events that unfolded in their Brossard home in March 2007, that led to Tessier's death.
Cournoyer refused to repeat all his instructions, but told the jury he would provide them with written guidelines to help them reach a verdict. Jurors can also ask specific questions during their deliberations, Cournoyer said.
In another significant development in the trial, it was revealed Tuesday that during pre-trial motions, Cournoyer ruled that the warrant Laval police used to enter Parasiris's home was illegal and violated the suspect's charter rights. Police failed to establish sufficient grounds to show Parasiris was involved in drug trafficking, and they should have never obtained a search warrant for a pre-dawn raid, the judge said during pre-trial motions.
That decision was subject to a publication ban, and kept from the jury.
The jury was sequestered Tuesday after Cournoyer acquitted Parasiris on three other related charges — two weapons counts and one attempted murder charge on Const. Stéphane Forbes, the other Laval police officer shot during the raid.
Cournoyer told the jury the charges were dropped due to a lack of evidence presented during the trial. Laval police officials in court hung their heads upon hearing the news.
Jury deliberations continue Thursday.
With files from the Canadian Press
