'Disgusting tactic': Defence considers seeking mistrial in Moncton nurse assault case
The trial of a man accused of attacking two nurses last year at the Dr. Georges-L.-Dumont Hospital in Moncton has been adjourned until May while the defence considers seeking a mistrial.
Randy Van Horlick's lawyer, Nathan Gorham, raised the possibility in Moncton provincial court on Thursday.
He argued the fact the judge had done some legal work for one of the Crown's witnesses more than 20 years ago — before she was a judge — could be grounds to request a new trial.
"It's a disgusting tactic in my opinion," Sebastien Poirier, the brother of one of the alleged victims, Natasha Poirier, told reporters outside the courthouse.
He said his sister suffered "a lot of anxiety" when she testified earlier this month.
"Of course if there is a mistrial, we will have to start over. That's the main concern."
Her mother, Norma Melanson, called the unexpected turn of events "heartbreaking."
"If it goes to a mistrial it's very, very sad for us," she said. "We start at zero."
Van Horlick, 69, of Acadieville, has pleaded not guilty to two counts of assault causing bodily harm for the alleged attacks on Natasha Poirier and Teresa Thibeault on March 11, 2019.
His trial began Feb. 3, but was adjourned for three weeks before resuming Thursday morning.
Crown prosecutor Marie-Andrée Mallet called Poirier's family physician, Dr. Manon Leroux, to the stand to testify about her injuries.
But before proceeding with her questions, the prosecutor told the court that Judge Yvette Finn had done marriage contract work for Leroux before she was a judge.
"I have no recollection of the matter," said Finn.
Gorham requested a recess so he could speak with his client. When they returned, Gorham advised the court he might ask for a mistrial.
"I'm accepting that you're a judge, an impartial judge," he said.
But the Crown plans to use the doctor as an expert witness who will testify that Poirier had a concussion — testimony he intends to dispute, he said.
The judge shouldn't be put in the position of assessing the reliability and credibility of a former client, he said, a situation he described as "untenable," even if the lawyer-client relationship was decades ago.
"It's the appearance of the matter," he said.
The Crown told the court she had not foreseen this would be an issue.
Finn agreed to the adjournment and asked both sides to work out the nature of the problem and how it should be addressed.
A status hearing will be held on March 13 at 9:30 a.m. No witnesses will be called.
If the trial proceeds, it's expected to resume on May 28.
