R. v. Leggette

Parties

Procedural Posture

Criminal / Preliminary Inquiry

Legal Issues

1. 1 Whether to continue an order excluding subpoenaed witnesses (three family members) from the courtroom during submissions and the judge's reserved decision
2. 2 How to balance the open court principle and victims' interest against the accused's right to a fair trial
3. 3 Whether an exclusion order for a preliminary inquiry continues to apply where the subpoenaed witnesses were not called to testify at the inquiry

Ratio Decidendi

The judge exercised discretion balancing the open court principle and the victims' compelling interest in attendance against speculative prejudice to the accused; because any prejudice was not established and could be remedied at trial, and because the subpoenas' authority was spent where the witnesses were not called at the inquiry, the exclusion order should not be continued and the three family members were permitted to attend submissions and the reserved decision.

Court Disposition

Three previously subpoenaed family members are permitted to be present for counsel's submissions and the judge's reserved decision; the exclusion order will not continue as to them

Orders

• The three previously subpoenaed family members are permitted to be present for counsel's submissions on committal and for the reserved decision
• The exclusion order for witnesses is not continued as to these three family members (their subpoenas are spent as to this inquiry)