Whitehorse Daily Star

Accused loses publication ban bid

A man accused of murder has been denied a publication ban on the trial of a second person charged in the case.

By Ashley Joannou on March 5, 2012

A man accused of murder has been denied a publication ban on the trial of a second person charged in the case.

Christina Asp and Norman Larue were initially scheduled to face murder charges together in relation to the 2008 death of Gordon Seybold.

The pair have since been scheduled for separate trials, with Asp's slated to happen next week. Larue's will follow, likely in October or November 2012.

The application was to ban all evidence in Asp's trial from being published until Larue's is completed.

Larue's lawyer, Raymond Dieno, argued that there would be "overwhelming prejudice” to Larue if a total ban was not imposed.

The lawyer argued that murder trials are not that common in the Yukon.

If "salacious details” become public, he said, it is reasonable to expect that they would be of extreme interest to many Yukon citizens.

Fred Kozak, a lawyer for the CBC, argued that this type of publication ban is now viewed as exceptional and rarely granted.

These types of bans need to be based on evidence and not granted just so the court can "err on the side of caution,” he said.

In the end, Supreme Court Justice Leigh Gower ruled that Larue can receive a fair trial even after Asp's is complete.

Gower said courts have confidence in a jury's ability to presume Larue's innocence and disregard information they may have acquired outside of the trial.

It is important to remember that there are numerous examples of serious cases where juries have been successfully found despite significant pre-trial publicity, Gower said.

Seybold's body was found in the charred remains of his Ibex Valley home in March 2008. The 63-year-old's death was considered suspicious, but no suspects were publicly named at the time.

Asp and Larue were arrested in Strathmore, Alta. on Aug. 4, 2009 and charged with first-degree murder.

Larue is also accused of arson in relation to Seybold's death.

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