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Homolka lawyers to fight again for media ban
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CTV.ca News Staff
Date: Fri. Jul. 1 2005 2:34 PM ET
Karla Homolka's lawyers will be back in court Monday seeking another injunction -- this one calling on a media gag and for more protection following her imminent release from prison.
A Quebec Superior Court judge dismissed similar requests by Homolka's lawyers on Wednesday.
"Now she wants protection from Montreal police or perhaps another agency," said CTV's Paul Bliss, reporting from outside the penitentiary in Ste-Anne-des-Plaines.
"Clearly, they're still concerned about her safety, and they want someone to provide her with security so she could live safely and secretly."
Quebec police have already refused special protection for Homolka. So her lawyers, in their latest legal manouevre, are filing an interlocutory injunction.
"And that is issued on the basis not only of the applicant's evidence, but also on the basis of the defendant's evidence," explained media lawyer Mark Bantey, who's representing several media outlets in a fight against such an injunction.
"So Karla Homolka will supply affidavit evidence in court, and the defendants will have an opportunity to cross-examine her."
Homolka's release from prison is expected at any time, as her 12-year sentence for her role in the slayings of two Ontario schoolgirls nears its end.
Speculation that she may have left prison Thursday morning was fuelled by the sight of a security truck with blacked-out windows leaving the premises. But a Correctional Service Canada spokeswoman said that Homolka remained incarcerated as of 8:15 a.m. ET Friday.
Reporting from the road leading to the prison, CTV's Jennifer Tryon said it's been "a morning of false alarms."
A second van was spotted leaving the site with a female inside, but it wasn't Homolka.
"We think it was the guards here having some fun with the media," Tryon said. Some reporters gave chase, but others dismissed the van as a prank.
Corrections Canada says it's investigating the incident.
"I can assure you that was not a prank," Corrections Canada spokesperson Michele Pilon-Santilli told CTV News.
"I looked into it and those individuals that were in the bus this morning are new recruits -- simply new recruits that were obviously not party to everything that is going on with the Karla Homolka file."
Then, there was more excitement for journalists after a small plane buzzed the main road leading into the prison, just as reporters were doing their live supper hour reports.
"A fixed wing plane flew in very low over the prison grounds ... It caught everyone by surprise," said Bliss.
"Police scrambled when they saw this. It came in from the south, but then it started approaching the road, looking like it was going to land at the entranceway leading into the prison."
The plane didn't land, instead treating observers to a few acrobatic manoeuvres before disappearing into the distance.
Throngs of reporters and photographers await Homolka's release outside the penitentiary as security kept guard at a checkpoint along the prison road, more than a kilometre from the main gate.
The media's right to be present outside the prison's gates was sanctioned by Justice Paul-Marcel Bellavance Wednesday, who ruled against Homolka's request for a sweeping court injunction seeking to silence the media from reporting on her life outside prison walls.
Bellavance ruled that granting the injunction would be a danger to freedom of the press.
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This is just wrong but if I were to send something to the politicians I would have sent the brain!
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