Sault murder suspect allowed out of prisoner's box to sit next to lawyer

A man charged with first-degree murder in Sault Ste. Marie, Ont., doesn't have to sit in the prisoner's box when his trial begins next month, a judge with the Superior Court of Justice has ruled. (File)

A man charged with first-degree murder in Sault Ste. Marie, Ont., doesn't have to sit in the prisoner's box when his trial begins next month, a judge with the Superior Court of Justice has ruled.

Lawyers for Montana Lewis argued that forcing him to sit in the prisoner's box "undermines his presumption of innocence and imperils his fair trial rights."

In a decision released Sept. 27, Justice S.K. Stothart agreed.

"The applicant submits that as an Indigenous person, he already faces prejudice in society at large and in the criminal justice system," the court decision said.

"Having him sit at counsel table helps offset those prejudices."

While the court has the right to determine where a prisoner sits during the trial, Lewis's lawyers argued that absent security concerns, people on trial should have the right to sit next to their legal counsel.

"He submits that in this case there are no security concerns surrounding his sitting at counsel table, identification is not in issue at trial, and sitting next to counsel will assist him with his ability to communicate with counsel," the decision said.

The Crown argued that it is customary for prisoners to sit in the box, placing them at "centre stage" in Courtroom 1 for the proceedings, where the trial will be held.

"The Crown submits that the prisoner’s box in Courtroom 1 provides the best vantage point for the applicant to view witnesses and evidence and allows the jury to observe the applicant throughout the trial."

Appearance of prejudice 

Any appearance of prejudice can be addressed through jury instructions, the Crown argued, explaining to the jury that they shouldn't infer anything from where the accused sits and that the presumption of innocence prevails "at all times."

In her ruling, however, Stothart said that since there are no security concerns, and the accused will be able to communicate with his lawyer "with greater ease," it makes sense to allow Lewis to sit next to his lawyer.

"Based on the positioning of the prisoner’s box, if an issue arose during the trial and the accused wished to communicate with his counsel, he would have to find a way to capture his lawyers’ attention, potentially disrupting the trial," she said in her ruling.

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"Having the accused sit at counsel table would provide greater ease in communication between the accused and his counsel."

However, Stothart said if unforeseen issues arise during the trial, the trial judge can revisit where Lewis sits at any time.

"I am also making no comment with respect to appropriate security measures and leave those in the capable hands of court security," the decision said.

"Those issues were not raised before me."

Read the full decision here.