A lawyer for a Mormon fundamentalist leader says he will seek a stay of a polygamy charge because the evidence being used in the Cranbrook BC Supreme Court trial was already presented in a previous constitutional reference case.
Winston Blackmore, the head of a religious group in Bountiful, is accused of marrying 24 women.
His lawyer Blair Suffredine says he’ll be filing an application for abuse of process next week.
Similar charges against Blackmore in the late 2000s were dropped, but a constitutional reference test in 2011 ruled that polygamy was a criminal offence without being at odds with the Charter of Rights and Freedoms.
Suffredine says evidence the Crown put forward in the current trial can’t be used because it was collected prior to the constitutional reference test.
He says the evidence is unfair because nobody knew at the time it was collected whether the accused were actually committing any crime.
Thursday was the eighth day of the trial, which has heard testimony from Mormon experts, law enforcement and a former wife of Blackmore.
– The Canadian Press