VANCOUVER (CBC) - B.C.'s attorney general says Crown prosecutors should not be forced to testify at the coroner's inquest into a tragic multiple murder-suicide in Oak Bay last September.

The inquest into the deaths of five people in the Victoria suburb of Oak Bay ground to a halt yesterday after Coroner Jeff Dolan called two Crown prosecutors to testify about why they agreed to release Peter Lee, the man behind the killings, on bail one month before the incident.

Lee took his own life after killing his estranged wife, their six-year-old son and his wife's parents in their suburban home on Sept. 4, 2007.

But the Criminal Justice Branch fought back, saying the Crown prosecutors should not have to testify at the inquiry and calling on the Supreme Court of B.C. to review the order.

Attorney General Wally Oppal said the Crown did the right thing by refusing to allow its prosecutors to be forced to testify as it would threaten their independence.

"It's analogous to that of a judicial officer. You can't have judges cross-examined or judicial officers such as [justices of the peace] being cross-examined. Otherwise, the system goes off the rails," said Oppal.

If the coroner's jury wants to pass judgment on the actions of Crown prosecutors, it may, Oppal said, but their independence must be maintained.

Jurors want to hear first-hand from Crown laywers

Jurors at the inquest have indicated they want to hear from the two Crown lawyers - Ruth Picha and Laura Ford - who handled the case of a single-car crash involving Lee and his wife, Sunny Park, that occurred one month before the killings . Lee was granted bail at the time even though Park told police her husband was deliberately trying to injure her in the crash.

On Wednesday, Stan Lowe, a spokesperson for the B.C. Criminal Justice Branch, said forcing the Crown lawyers who approved Lee's bail to appear would threaten the independence of all Crown lawyers.

"What we oppose is cross-examining individual Crown counsel because the concern, once again, is it will have a chilling effect on the prosecution service," Lowe said outside the hearing Wednesday.

"People will not be able to freely exercise their discretion because they're concerned about one day being brought to an inquiry."

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