Jessica McDiarmid
TORONTO — The Canadian Press Published on Tuesday, Jun. 10, 2008 8:43PM EDT Last updated on Monday, Mar. 30, 2009 3:49PM EDT
Canadians reacted with disgust and disdain Tuesday to a rare and controversial glimpse of Paul Bernardo after an Ontario judge released a video recording of the notorious sex killer's jailhouse interview about the 1990 disappearance of Elizabeth Bain.
Snippets of the 31-minute recording appeared on the popular video-sharing site YouTube within hours of the video's release, followed by several public comments, many of them profane and angry.
Media websites faced a rapid barrage of frustrated feedback as readers expressed outrage that Bernardo, serving a life prison term in Kingston, Ont., is getting publicity from a video that provides little more than a glimpse of a serial killer.
“I wish the media would refuse to play to the baser nature of voyeuristic groupies who think moral-mud-wrestling is an artform,” one reader wrote on CBC's website.
“I hope that when this video is made public, everyone takes a good look, recognizes evil for what it is, throws up, and never thinks of Bernardo again.”
Some readers remembered with distaste the release of Karla, a controversial film about Mr. Bernardo and his former wife, Karla Homolka, that they complained did little beyond sensationalize and glorify the murders for which they were convicted.
Others worried about the effect the video could have on Ms. Bain's family, while still more applauded the court's decision to release the video, calling an open justice system vital to democracy.
In the video, Mr. Bernardo – in prison indefinitely for the murders of schoolgirls Kristen French and Leslie Mahaffy – is asked whether he killed Ms. Bain.
“That's a loaded question,” comes the reply.
Several minutes later, Mr. Bernardo said: “The answer to that is no. But the 800-pound gorilla in a room, that's a life-25 sentence, you know.”
He said he was neither involved in Ms. Bain's disappearance nor did he know her, but couldn't recall whether he'd met her before.
Throughout the video, Mr. Bernardo – dressed in a white, long-sleeved shirt with black stripes down the arms – continually insisted that police had called him a liar.
”I made a mistake 17 years ago, okay, fine, I did,” Mr. Bernardo said. “But now we're talking about today and you're not going to roll forward that I'm some psychopathic liar sitting in jail claiming responsibility for other people's crimes …
“I'm a human being and to say that I'm a dangerous offender, a rapist and a killer and all these things is fine, you know, for the publicity,” he said. “But when you go to a certain point, I mean it affects me totally, you know.”
Ontario Superior Court Justice David McCombs signalled last week that he was prepared to release the video, recorded last summer, for television broadcast but still had to decide whether to make it available on the Internet.
The Crown had opposed the use of the entire 31-minute video on the Internet, arguing it could be misused by the public, but Judge McCombs said the only basis upon which the court could ban access is “sound policy reasons.”
Those reasons could include a case where information would pose risk to a fairness of a trial, avoiding distress to those affected by Mr. Bernardo's crimes or removing the threat that releasing the video would “attract misuse by a malevolent few.”
In this case, the public's right to access the video outweighed the potential drawbacks of its release, Judge McCombs said.
“The Bernardo video does not contain graphic images or descriptions of Bernardo's crimes. If it did, my conclusion would have been different,” he said in his decision.
“Open justice and public scrutiny are core values in our justice system … unless the press has access to court information and exhibits they are unable to provide the information to the public.”
The video was an exhibit at the trial of Robert Baltovich, who was found not guilty in the 1990 disappearance and death of Bain, his former girlfriend.
Although Mr. Baltovich's lawyers have pointed the finger at Mr. Bernardo, he has denied any involvement and has never been charged in the death of the former University of Toronto student.
Mr. Bernardo appears relaxed for much of the interview, gesturing with his hands and even joking about how he's forgotten things during his time in jail.
At one point, the interviewer plays an audio clip of Ms. Homolka, who testified for the Crown in exchange for a 12-year sentence for her role in the murders. Mr. Bernardo snorts derisively at the sound of her voice as she answers a question from investigators.
Media outlets were provided with one copy each of the DVD recording to use ”in furtherance of their legitimate business or professional interests, provided, however, that they shall not further distribute or disseminate any copies of the DVD exhibit.”
The ruling also said no further copies could be provided to anyone else without a judge's order.
Transcripts of the June 7, 2007, police interview have already been widely reported, and Judge McCombs has described the video as more “boring” than “chilling.”
Mr. Baltovich's lawyer, Joanne McLean, said she intends to use the video to support her argument for a new investigation into Bain's disappearance.
She said she also hopes it will help clear her client's name.
“It's not something that's ever otherwise ever going to get a public bearing,” said Ms. McLean outside the court. “He was acquitted, which was a very happy day for us but the upshot of that is we don't ever get to present any of the defence evidence, none of the crown evidence is challenged.”
Court heard that lawyer Tim Danson, who represents the families of Mr. Bernardo's murder victims, was made aware of the media's request but chose not to make arguments to block the video's release.
Following the ruling, Attorney-General Chris Bentley said it was important for McCombs to carefully consider the consequences of releasing the recording.
Ensuring that victims and their families aren't harmed is one of the challenges that the government must face in the Internet age, Mr. Bentley said.
“We want to balance the public right to know – and the media's right to have access so that they can provide information to the public – against the potential concern, harm that may result to a number of different persons or parties,” he said.
“It's always a challenge and even more so in the era of instantaneous dissemination.”
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