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Fri, November 30, 2007 By DONNA CASEY, SUN MEDIA
An Ottawa judge who oversaw one of the city's most sensational murder cases has failed in his bid to stop a public inquiry into his fitness to remain on the bench. The Supreme Court of Canada, in a decision released yesterday without comment, refused to hear arguments from Justice Paul Cosgrove, who tossed out a first-degree charge against Julia Elliott in 1999. "We're very disappointed. We had hoped that this was sufficiently important, particularly dealing with the issue of judicial independence, to have warranted a review by the Supreme Court of Canada," said Chris Paliare, Cosgrove's lawyer. CAME UNDER SCRUTINY Cosgrove came under scrutiny by the Canadian Judicial Council in 2004 after then-Ontario Attorney General Michael Bryant filed a complaint under the Judges Act, criticizing the judge's handling of Elliott's trial. The judge responded with a constitutional challenge claiming the inquiry infringed judicial independence and his constitutional right to freedom of expression.He won his case at the trial division of Federal Court, but the appeal division reversed the finding and sent the matter back to the panel set up to conduct the inquiry. With yesterday's Supreme Court decision effectively exhausting Cosgrove's legal challenges to the inquiry, the five-member panel will likely conduct hearings in January, said Caroline Collard, senior adviser at the Canadian Judicial Council. Cosgrove continues to preside over cases as the inquiry proceeds, said Paliare. In 1999, Cosgrove stayed the charge against Elliott, who was accused of killing 64-year-old retired Kemptville auto mechanic Larry Foster and dumping his dismembered body into the Rideau River in 1995. The judge cited more than 150 examples of supposed violations of Elliott's rights by the Crown and police. OVERTURNED DECISION In December 2003, the Ontario Court of Appeal overturned Cosgrove's decision, saying there was no factual basis for the ruling and that the judge had abused his judicial power. A new trial was ordered for Elliott. In December 2005, she pleaded guilty to manslaughter and was sentenced to 18 years in prison. |