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On the fourth day, Hilton declared a mistrial after verbal confrontations with then defence lawyer Don Orazietti.
"The decision is interesting in that it doesn't order a mistrial but (Hilton) recuses from the case," Palombi said. He said he needs to study the decision and conduct some research to determine what his next steps are in the case.
to the accusations made and pending against her.
the circumstances of the case, "there is no remedy short of a mistrial that will redress the actual harm that would be occasioned to the appearance of justice were I to continue."
A justice of the peace has disqualified herself from hearing the rest of the Rita Cipriano election investigation case.
That complaint was not made known to McMillan during the application hearing.
Justice Ian McMillan ordered Hilton back on the trial, without Hilton even being aware that the court proceeding had commenced.
If the defendant is found guilty, Hilton believes that could be perceived that she was angry and biased due New Balance Classic 574 Grey
Cipriano's new defence lawyer, Augusto Palombi, has repeatedly told the court that the action Orazietti has taken is of his own accord and separate from the trial matter.
happy with the decision and hoped that the trial could be completed.
Orazietti appealed the mistrial and asked the Superior Court of Justice to quash the mistrial and order Hilton to complete the trial or rule on the case based on the transcripted evidence.
The case began some whirlwind turns after three days of trial in March.
Hilton said that if she acquits, the public, consciously or unconsciously, could view the decision as one made because she was threatened and accused of misconduct.
Hilton notes in her decision that "one of the oldest and most sacred principles in Canadian jurisprudence is the right of an accused to a fair trail before a neutral and impartial tribunal." And while the complaint itself would not necessarily raise a reasonable apprehension of bias, the nature of the complaint, the demand for an acceptable apology and using witnesses in that complaint, could lead to a public perception that the trial could not be decided fairly.
Palombi has stressed that Cipriano New Balance 1500 Us 7 doesn't believe Hilton has any bias in the case and is willing to live with the verdict in the case.
Palombi said he was not New Balance 410 Khaki
JP in Cipriano case disqualifies herself
Hilton notes in her decision that about five weeks prior to the July 15 hearing before McMillan, her office received a copy of an eight page complaint made by Orazietti against her to the Ontario Judicial Council.
The complaint alleges Hilton is a liar, biased in favour of the Crown, threatens legal action and demands an apology.
JP Susan Hilton released her nine page written decision Wednesday.
Hilton concludes that after considering all New Balance 420 Grey Orange
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