Luka Magnotta appeals guilty verdict
Luka Magnotta’s defence lawyer is asking the Quebec Court of Appeal to annul the killer’s guilty verdict and order a new trial for his client.
In documents filed in court last week and made public Monday, Luc Leclair claims the “verdicts are unreasonable and unsupported by the evidence and the instructions” the judge gave the jury.
Magnotta, 32, was found guilty Dec. 23 of the first-degree murder of Lin Jun after a three-month trial and eight days of jury deliberations. He was sentenced to life in prison with no chance of parole for 25 years.
Before sentencing him, Superior Court Justice Guy Cournoyer asked Magnotta if he had anything to say, to which he replied: “No, your Honour.”
Leclair also maintains the judge made mistakes when he instructed the jury on the use of statements Magnotta made to psychiatrists Joel Watts and Marie-Frédérique Allard.
He said Cournoyer should have dismissed juror No. 14, who had a distant connection to the detective in the case. Leclair wrote that there was “reasonable grounds of a reasonable apprehension of bias.”
Magnotta admitted to killing and dismembering Lin, a 33-year-old Concordia University student, but claimed his mental illness prevented him from knowing what he was doing.
Leclair claims Cournoyer erred in instructing the jury about the not-criminally responsible section of the law.
He also claims Cournoyer confused the issue of intent, planning and deliberation when he instructed the jury about motive.
A jury verdict can only be appealed if the judge erred in law, not because the defence or the Crown is unhappy with the jury’s decision. The appeal hearing is scheduled for Feb. 18.
Magnotta invited Lin to his apartment in May 2012, then killed, decapitated and dismembered him. He mailed his feet and hands to political parties and to two schools in Vancouver. He buried his head in Angrignon Park.Arrested in Berlin
Magnotta cleaned his apartment after killing Lin, then took a plane to Paris and an overnight bus to Berlin where he was arrested in an Internet café June 4, 2012, while looking at news stories about himself.
He was brought back to Canada two weeks later by a Canadian military plane and placed in detention at the Riverère de Prairies detention centre.
His trial, presided over by 14 jurors, 12 of whom deliberated, heard some of the most gruesome evidence ever presented in a Canadian courtroom. It was also one of the few trials to have extensive surveillance camera footage of the accused.
with files from Sue Montgomery, The Montreal Gazette