Court finds Bernardo lawyer not guilty
Last Updated: Friday, November 10, 2000 | 11:58 PM ET
CBC News
"I'm just as relieved for everyone involved that it's now over," said Murray. "Now, hopefully, everyone can get on with their lives."
Ontario's attorney general will review the decision and decide whether to appeal it.
Murray had been charged for withholding videotapes showing the rape and torture of Bernardo's victims. He held onto the incriminating tapes for 17 months before turning them over to prosecutors.
Ken Murray
By then, Bernardo's ex-wife, Karla Homolka, had made a deal to plead guilty to manslaughter and testify against Bernardo. She claimed her ex-husband forced her to participate in the sex-killings.
Bernardo was convicted in 1995 of killing teenagers Kristen French and Leslie Mahaffy.
Tim Danson, lawyer for the victims' families, says his clients have "no position" on whether the Crown should appeal the decision but they refute the claim that the tapes would have helped Bernardo's case.
A note from Bernardo instructed Murray on where to find the tapes
- ARCHIVE: Bernardo appeal dismissed
Experts believe the plea bargain would never have happened if the courts had seen the gruesome videotapes.
In his verdict, Justice Patrick Gravely pointed out the guidelines for lawyers who come into evidence aren't clear.
"In my opinion, it does not follow that because concealment of incriminating evidence is forbidden, there is a corresponding positive obligation to disclose," said Gravely.
The case raised the larger legal issue of what is acceptable conduct in a criminal defence. Gravely had to decide if Murray was abiding by lawyer-client privilege and guilty of poor judgment, or if he acted criminally.
But it's not over for Murray. Regardless of whether the Crown appeals the decision, he still faces a disciplinary hearing from the law society.
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