Carol Berner’s lawyer seeking publication ban
Posted June 3, 2010 12:03 am.
This article is more than 5 years old.
SURREY (NEWS1130) – The lawyer for a woman charged with impaired driving causing death in the case of Alexa Middelaer two years ago is trying to stop certain evidence from being released to the public.
David Tarnow has said the case must be tried in the court, and not have the public pre-judge the outcome. He has applied to ban the media from reporting certain details on Carol Berner’s interactions with police after the crash, some of which centres around a breathalyzer test.
Tarnow says he doesn’t see a conflict between asking people not to pre-judge the case while trying to stop certain information from being released. “I say that some of the rules were broken in the way in which police gathered their evidence and that’s what we’re going to discuss with the judge.”
The Crown is opposing Tarnow’s application for the ban. Carol Berner, who has pleaded not guilty, is charged with four counts, including dangerous driving causing death and impaired driving.