R. v. Ali, Boparai & Malonga-Massamba

R. v. Ali, Boparai & Malonga-Massamba

Given the COVID-19 health risks, logistical burdens and informed, clear waivers by each accused, and absence of prejudice to fair trial rights, the court exercised its discretion under s.650(2)(b) to permit all three accused to attend the voir dire on Application #6 by videoconference; separately, applying the...

Source-derived case information.

Citation
2020 BCSC 1771
Parties
Prosecution: Regina; Accused: Mustapha Mohammed Ali; Accused: Pashminder Boparai; Accused: Noebin Jeffrey Malonga-Massamba; Accused: Moeen Khan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 November 2020
Procedural Posture
Criminal Conspiracy to Commit Murder / Pre Trial Voir Dire (application #6)
Outcome
Applications granted: accused permitted to appear by videoconference for the voir dire on Application #6; Crown witness permitted to testify by videoconference under s.714.1.
Legal Topics
Accused Absence Under S.650(2)(b), Videoconference Testimony Under S.714.1, Waiver of Presence, Voir Dire as Part of Trial
Source Language
english
Criminal Procedure Evidence Corrections/health (covid 19) Accused Absence Under S.650(2)(b) Videoconference Testimony Under S.714.1 Waiver of Presence Voir Dire as Part of Trial

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Parties

Regina

Prosecution

Mustapha Mohammed Ali

Accused

Pashminder Boparai

Accused

Noebin Jeffrey Malonga-Massamba

Accused

Moeen Khan

Accused

Procedural Posture

Criminal Conspiracy to Commit Murder / Pre Trial Voir Dire (application #6)

Legal Issues

  1. 1 Whether s.650(2)(b) permits accused to be absent from voir dire and to attend by videoconference
  2. 2 Whether s.650(1.1) limits the court's discretion under s.650(2)(b)
  3. 3 Whether accused waivers of presence are informed, clear and unequivocal

Ratio Decidendi

Given the COVID-19 health risks, logistical burdens and informed, clear waivers by each accused, and absence of prejudice to fair trial rights, the court exercised its discretion under s.650(2)(b) to permit all three accused to attend the voir dire on Application #6 by videoconference; separately, applying the s.714.1 factors and noting location and cost, the court permitted the Crown witness Cst. Moawad to testify by videoconference.

Court Disposition

Applications granted: accused permitted to appear by videoconference for the voir dire on Application #6; Crown witness permitted to testify by videoconference under s.714.1.

Orders

  • Pursuant to Criminal Code s.650(2)(b) Mustapha Mohammed Ali may attend the voir dire on Application #6 by videoconference (MS TEAMS).
  • Pursuant to Criminal Code s.650(2)(b) Pashminder Boparai may attend the voir dire on Application #6 by videoconference from North Fraser Pre-Trial Centre.