Neuberger & Partners LLP - Top Cases | Video Transcript

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ANCHOR: A preliminary hearing begins next week in the case of Robert Pickton. He's the man police in B.C. accuse of killing 15 women.

It looks like a very, very complex DNA case. I think there's a common misconception that just because there's DNA evidence therefore the accused is guilty and that's just not true.

ANCHOR: Almost 20 years after two explosions killed 331 people, a verdict will be delivered today in the Air India bombing trial in Vancouver.

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ANCHOR: Joseph Neuberger is a criminal lawyer here in Toronto and he joins us live this morning with a look at what's expected to happen today.

JOSEPH NEUBERGER: And there may be all sorts of reasons for a witness to come forward and say something negative about an accused. You can really expect the judge to focus very clearly on the issue of credibility of these witnesses. Are they believable? Is there evidence confirmed by other evidence.

LORNE HONICKMAN: I'm Lorne Honickman. I'm here tonight with Neuberger & Partners. We're talking about the proposal that would make it tougher supposedly for anyone charged with gun crimes to get bail.

Well right now you can't be denied bail, a reasonable bail. And the bail provisions are set up so that, you know, just cause is what we now call the Crown onus and in certain very serious offenses a reverse onus.

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FEMALE VOICE: We bring in now defense lawyer Joseph Neuberger. Thank you for coming in tonight.

JOSEPH NEUBERGER: My pleasure. Well at the end of the trial just before sentencing the judge is supposed to ask both accused persons or three accused persons, however the number, if they have anything to say to the court. It is appropriate for an accused to express their remorse and their feelings about their actions.

The areas of the DNA molecule that they analyze for forensic purposes is typically called it's a junk DNA. In other words, people like to think that it doesn't say anything about the individual. It turns out that's not exactly right. It turns out that you can take a DNA sample that the police would collect and you can send it to a private company and they can develop a pretty close facial profile of the individual.

FEMALE VOICE: Get out.

So whereas with as with a finger print all you can tell is points of comparison and squiggles and ridges and so forth, with a DNA profile it's possible to get a facial profile, a racial profile, things like that.

ANCHOR: And our legal analyst Joseph Neuberger has been following this case for us since it began. Good morning.

Is memory the same over time, a person's perceptions or memory of what has happened has faded over time? It may be replaced by what they thought happened as opposed to what actually did happen. You will then attack the reliability of each witness. You want to take a look at their ability to perceive.