Lee inquest on hold awaiting ruling on whether Crown lawyers must testify

By: Dirk Meissner , THE CANADIAN PRESS

VICTORIA - A coroner's inquest looking into the case of a man who killed his family before turning the knife on himself was adjourned indefinitely Wednesday over an issue the Crown says could undermine the legal system as a whole.

The inquest has heard explosive and grisly testimony about the deaths of Peter Lee, his wife, his six-year-old son and his in-laws but it is now on hold because jurors want to hear from Crown prosecutors.

Stan Lowe, a spokesman for the B.C. Crown, said outside the inquest Wednesday that the integrity of the legal system is at stake.

"The concern here is the chilling effect on the Crown counsel service," Lowe said.

He said if individual Crown lawyers know they may be called to testify about their decisions, they may become more conservative.

"We have to protect the legal system," he said.

Jurors had asked to hear evidence from Ruth Picha and Laura Ford, the Crown prosecutors involved with the family after Lee crashed his vehicle into a hydro pole in July 2007 in what police believed was a deliberate attempt to harm his wife.

Inquest jurors have watched a video-taped interview between police and Lee's wife, Sunny Park, in which Park told officers she believed her husband deliberately caused the accident that broke her arm, among other injuries.

On the tape, she said her husband had beat her in the past and had threatened to kill her and her family if she proceeded with plans to divorce him. She also said he always kept a knife handy.

Lee was charged with unlawfully causing bodily harm and dangerous driving causing bodily harm.

But the Crown did not oppose Lee's release on bail. He was released and ordered to stay away from Park and her family.

The inquest has also heard that although Lee violated his bail conditions, the violations weren't considered serious enough to revoke bail.

Five weeks after the car crash, Lee broke into the family home and repeatedly stabbed Park, their son Christian and Park's parents.

Richard Peck, the lawyer for the criminal justice branch of the attorney general's ministry, told the inquiry Wednesday that prosecutors have immunity from having to publicly explain their decisions.

Peck noted such immunity has been endorsed by the Supreme Court of Canada.

But coroner Jeff Dolan said since jurors made the request to hear from the two Crown lawyers involved in the case, he didn't want to be seen to be granting special privileges to any group or person.

He ruled the two should testify.

John Orr, the lawyer for the inquest, said outside the hearing that their testimony wouldn't undermine the legal system because coroner's inquests aren't fault-finding exercises.

The jurors just want to hear from these Crown prosecutors because "there is factual evidence that they need to give."

In the end, Dolan agreed to halt the inquest until the issue, which has come up in another inquest in Vancouver, can be heard by a court.

The issue also arose at the Vancouver inquiry into the death of an aboriginal man in December 1998.

Frank Paul froze to death after police refused to admit him to the city drunk tank and instead left him in an alley.

The officers received one-and two-day suspensions.

Inquiry Commissioner William Davies wants five prosecutors to provide information on what procedures they followed in not recommending charges in Paul's death.

But the B.C. Criminal Justice Branch has asked a judge to review Davies' ruling. The matter is to be heard later this month.