Banning photos of deceased girls in court ‘unacceptable’: victims’ advocate

ST. JOHN’S, N.L. — Banning peaceful displays of photos during judge-only court hearings is “unacceptable,” the founder of a national victims’ support group said Wednesday.

In two separate incidents in Newfoundland courtrooms Tuesday, family and friends of two young women killed in alleged street racing crashes were barred from showing their photos on T-shirts or in frames. 

Joe Wamback of the Canadian Crime Victim Foundation says such bans revictimize grieving loved ones. 

“I do not understand it,” he said from Newmarket, Ont. “The secondary revictimization that occurs in courtrooms every single day across Canada is absolutely deplorable.

“Judges have to understand — and I don’t believe any of them truly understands unless they’ve lived it or experienced the loss — the amount of grief, the intensity of the grief when you lose a loved one. This is completely unacceptable.”

Respectful, non-disruptive displays should be allowed in judge-alone hearings where a jury would not be influenced, Wamback said.

He formed the foundation after his only son, then 15, was brutally beaten almost to death 17 years ago by a group of other teenagers.

St. John’s defence lawyer Bob Buckingham, who is not involved in either of the alleged street racing cases in Newfoundland, said both are tragic and highly emotional. But he said judges under the Criminal Code can limit or ban courtroom displays to balance competing rights.

“It’s not only a question of decorum in court but making sure there’s a proper hearing, that people aren’t intimidated, that witnesses can give evidence,” he said in an interview.

“The starting point is not necessarily the victim. The starting point is the fundamental principles of our criminal justice system.”

Those tenets above all include the presumption of innocence and the right to a fair trial, Buckingham said.

Judges can use their discretion to assess when courtroom observers are crossing the line with actions that could be perceived as attempts to influence the process, he added.

In an unrelated murder case last year, Buckingham successfully applied for a judge’s order to stop supporters from wearing T-shirts in court demanding justice for the deceased man.

The Canadian Press

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