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Whoever takes on high-profile Montreal murder suspect Luka RoccoMagnotta's defence will be faced with a big challenge given theexistence of a video purportedly showing the gruesome killing anddismemberment of Chinese student Jun Lin in what appears to beMagnotta's apartment. Legal experts speculated Monday that Magnotta's defence strategy,assuming he pleads not guilty, could include attempts to challengethe authenticity of the video and an exploration of Magnotta'smental health. "It's something that would have to be explored right off thebat," said Ottawa-based criminal defence lawyer John Hale."The ultimate question is: Does he suffer from a mentaldisorder that prevents him from knowing right from wrong?" German authorities arrested Magnotta, 29, at an Internet cafe inBerlin Monday following a massive international manhunt. Magnotta,who has been described in various media reports as the"Butcher of Montreal" and "Canadian Psycho," issuspected of killing Lin, a Concordia University student, andsending his body parts through the mail addressed to theConservative and Liberal party offices. On the surface, it appears there's strong circumstantial evidenceagainst Magnotta, Hale said Monday. "My first approach would be to get a psychiatric assessmentand, more specifically, to do it privately in other words, notto have a court-ordered assessment but to privately retain apsychiatrist to interview him," Hale said. This would get Magnotta into a hospital setting for several weeks,which "allows the dust to settle for a little bit" andallows for better communication between lawyer and client than atthe jail, Hale said. Further, if a court orders an assessment, everything an accusedperson tells a doctor has to be shared with the Crown. But if it'sprivately ordered anything said by the accused is protected undersolicitor-client privilege. Toronto-based lawyer John Rosen, who represented killer and serialrapist Paul Bernardo, said Monday the existence of a videopurporting to show the actual killing will be a hurdle forMagnotta's defence team. "It doesn't make our job easier," he said. No doubt, defence lawyers will scrutinize the video, Rosen andother experts said. Is the video real? Does it clearly showMagnotta? Does it clearly show Lin? Is that really Magnotta'sapartment? Asked about the intense publicity the case has received in Canada,Rosen said the media has "significantly prejudiced"Magnotta's right to a fair trial. While that won't prevent a trialfrom happening, it will mean that jurors have to be vettedcarefully to ensure they haven't formed an opinion, he said. While a lot of attention in recent days has been paid toallegations that Magnotta was a serial cat killer, Toronto criminallawyer Andras Schreck said he would expect defence lawyers to seekto exclude any reference to those alleged killings on the groundsthat they are "not relevant" and "highlyprejudicial." Hale agreed. Evidence of "prior discreditable conduct" isonly allowed in limited circumstances, he said. "The Crown is not allowed to just throw in all sorts ofevidence that portrays the accused in a really bad light." Magnotta is reportedly scheduled to appear before a judge inGermany on Tuesday. Experts said they expect Magnotta's transferback to Canada will take a matter of days as opposed to weeks. Lawyers take different approaches when they meet their clients forthe first time, experts said. Magnotta's lawyer might choose towait to see all of the Crown's evidence before asking for hisversion of events. Or that lawyer might want to get Magnotta'sstory right away. Experts were divided over whether there is a line of lawyers inMontreal eager to represent Magnotta. Some said the case may beseen as more trouble than it's worth, especially given Magnotta'sapparent limited financial resources. Others said lawyers could be drawn to the high-profile nature ofthe case. Hale said whoever takes on Magnotta's case will likely have to setaside everything else on their plate for several months and beprepared for a lot of hate mail. Twitter.com/dougquan. I am an expert from lined-diaphragm-valves.com, while we provides the quality product, such as Globe Valve Gate Valve Manufacturer , China Natural Gas Pipe Fittings, Plastic Diaphragm Valves,and more.
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