![]() |
Patrick J Ducharme |
R. v. Garofoli1 provides an example of a circumstance where the accused voluntarily absented himself during the trial. The accused argued on appeal that the Judge erred in finding that Garofoli had absconded during the trial. On Monday, April 7, 1986, the trial Judge ruled that private communications were intercepted pursuant to authorizations that, on their face, were lawfully made, and hence were admissible.
The following morning (April 8, 1986) when the court opened at 10:15 a.m., Garofoli was not present. The court adjourned briefly to enable his counsel to make inquiries. The jury was not present at this time and remained out of court during the entire proceedings relating to his absence.
Continue reading “Trial May Proceed in Absence of the Accused 475”