The witness, a former provincial police officer, was simply too close to investigators and the investigation known as Project Hampden to offer impartial evidence as legally required, Ontario court Judge Timothy Lipson ruled. “Over time, he became an important member of the Project Hampden team.”The prosecution had wanted Gagnon to testify as an expert witness against Livingston and Miller, chief of staff and deputy to former Liberal premier Dalton McGuinty. The courts, he said, have come to recognize the potential for “egregious miscarriages of justice” based on faulty expert witness testimony. Following his ruling, Lipson called a break to allow the two sides time to consider next steps. Prosecution lawyer Tom Lemon told Lipson it was too soon to determine the impact of the Gagnon ruling, but said he planned to start with another witness.

Source: National Post September 28, 2017 15:02 UTC