Quebec judge says Crown can search for evidence in Luka Magnotta case in France and Germany

Magnotta lors de son arrestation. (Archives/PC)

The gruesome death of Montreal exchange student Jun Lin and the high-profile arrest of Luka Magnotta consumed the attention of the international public two years ago, so it is only fair that the world have a chance to participate in the trial.

Hence, a decision by a Quebec judge on Friday to allow Crown lawyers to seek evidence in other countries – specifically France and Germany, where Magnotta travelled after the death of Jun Lin in May 2012.

CBC News reports that Superior Court Justice Guy Coumoyer approved the motion despite objections from Magnotta's lawyer, who said any witnesses should be forced to give their testimony in person. That would mean a flight to Canada, and a costly stay, at the expense of Canadian taxpayers.

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The real issue is not the cost, of course. To put it bluntly, it is about logistics. There is no way to compel witnesses in foreign countries to take extensive time away from their lives and participate in a criminal justice system that in some ways does not mirror their own. The Canadian Press reports, for example, that there are no cross-examinations in French and German court systems.

While the focus should be on ensuring everyone gets a fair trial, it should not be at the cost of evidence that could be collected overseas. If that were the case, fleeing the country would be the best, most efficient way to ensure there are no post-crime snafus. Robbers, murderers and tax cheats would simply have to get out of Canada and be free to brag about their actions with abandon. The further from Canada, the bestter: less chance of witnesses bothering to make the trip.

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Magnotta is currently being held in Quebec's Rivière-des-Prairies Detention Center awaiting trial for the death and dismemberment of Jun Lin, a Concordia University student who was found cut into pieces last May.

He has pleased not guilty to all charges against him. The trial is expected to begin in September.

Montreal police say they spoke briefly with some witnesses during an overseas trip last year. They should be free to follow up on any leads they may have. And, it seems, the judge agrees.

Ultimately, the information gathered in France and Germany will need to be approved before being allowed into the trial as evidence. This simply means the Crown does not have to limit its research to the time before Magnotta left the country. The moments between May 26, 2012, when he flew to France, and June 4, 2012, when he was arrested in a Berlin Internet cafe, still count.

Between the time that Lin died and Magnotta was arrested, there was little else the world could talk about.

It became a worldwide investigation. The trial should be likewise.