Premier David Eby is still pushing for the removal of a publication ban on a bail hearing involving the man accused of killing a Surrey woman in June.
The ban involves a specific bail hearing where Adam Mann was released from custody in connection to unrelated charges before Tori Dunn's death on June 16. Mann has since been charged with second-degree murder in her killing.
"We're still pushing the court to release a publication ban that prevents us from knowing what went wrong in that courtroom that day, where that violent offender was released back into the community and then murdered Tori Dunn," Eby said.
Mann has not yet been tried in Dunn's murder. His next court appearance on the second-degree murder charge is Friday, Sept. 6 in Surrey.
he said the Prosecution Service would be going to court to get clarification from the court, "ensuring that the publication ban does not apply to that bail hearing so that we can all know what happened in that courtroom."
Mann is currently in court on three unrelated charges. None of these charges have been proven in court, and a publication ban currently covers the details of the charges. Mann's counsel applied for a publication ban on June 28.
Tori's father, Aron, hopes to listen to the audio from Mann's couple of bail hearings when he is in town this week for Mann's court appearance.
The public deserves to know why Mann was released on bail, Aron said. "So that we can get some understanding of how this guy got released," Aron said.
"How did a judge find fit (to release him) when the prosecutor and the Crown are telling them not to release him," he said. "What went on there? I need to know, and the public has a right to know."
"Honestly, I want, I want that judge's resignation. That's what I'm going to be asking for," he said.
Aron also wants to ensure that this does not happen to another family.
Lifting publication ban
The Surrey Now-Leader asked Eby if there is any concern about lifting the publication ban and the impact it could have on the potential trial.
"Yes, there is in relation to the subject matter of the trial, and so for the for the judge, it'll be important to consider that the Crown will be asking for the for the ban to be lifted," Eby said.
Eby noted the bail hearing in question isn't about the murder charge.
"The specific ask is for the ban just to be lifted in relation to the bail hearing that resulted in this individual being released back to the community, which is not related to the murder," Eby said. "Nothing that was in that bail hearing related to the murder because it hadn't happened yet. It's a distinct and separate proceeding and shouldn't have any information that would compromise the larger trial, because that all happened after."
But a criminal defence lawyer told the Now-Leader it's not that clear-cut.
"As outsiders to the matters (like Premier Eby is as well), we simply don鈥檛 know what is or is not 'related,'" said Molly Shamess, a criminal defence lawyer who is not connected to the case.
"For example, it鈥檚 entirely possible that information about Mr. Mann鈥檚 background and circumstances at the time of the hearing will relate to or even be made evidence in the murder prosecution. We simply don鈥檛 know, because we鈥檙e not Crown/defence on the file itself.
"This is why Crown Counsel and defence counsel/the accused involved in the file itself should be the ones making decisions about whether to bring applications to impose or later to lift publication bans, and the judge on the specific case should be the one making their decision only after hearing submissions from these parties: nobody outside the case truly knows what they would need to know to make this kind of decision," Shamess said.
"And even they don鈥檛 know what they don鈥檛 know yet 鈥� they can鈥檛 see the future! 鈥� so proceeding cautiously and doing our best to protect the integrity of the trial process/safeguard the right to a fair trial is a benefit to everyone."
Gordon Comer, deputy director, policy and justice issues for the BC Prosecution Service, said Thursday (Sept 5) in an email to the Now-Leader that there have been no updates made to the ban.
The evidence and information presented during bail hearings.
Judge Andrea Davis signed off on an updated publication ban on July 19, 2024, in Surrey provincial court. The updated order includes further direction on what cannot be published, broadcast, or transmitted until a preliminary inquiry is held, the accused is discharged, the accused is tried or ordered to stand trial, or the trial ends.
The publication ban currently covers three unrelated charges against Mann.
"But in moments like these, it feels like publication ban prevents the public from knowing what went wrong and therefore what needs to be fixed," Eby said.
Shamess said applications to lift 517(1) publication bans are rare. The bans are not permanent; they end when the trial (or trials) end, she pointed out.
"I remain deeply concerned about a political official 鈥� especially one as powerful as the premier of the province 鈥� getting involved in this way, and particularly with him putting his thumb on the scales of justice by reportedly 鈥榙irecting鈥� the BCPS (BC Prosecution Service) to get the publication ban lifted," Shamess said.
Eby had offered to send a team from the prosecution service to brief Aron Dunn.
"The difficulty with it is that, because of the publication ban, they advised me that they'd also have to ask him not to say anything about anything that they told him," he said. "So I mean, that's really difficult for a family, and I can't imagine that. So we did make the offer to him, but we're trying to address the underlying issue of the process of the publication ban so that he can speak freely about his daughter."
Where does the fault lie?
Where, if any, fault can be found remains an open question.
"At this point, we don't know, because of the publication ban on what happened in the bail hearing, we don't actually know where it went wrong," Eby said. "I understand that the prosecutor did ask for detention of this individual and that that wasn't granted, but other than that, I don't know what happened in the courtroom."
Mann is set to appear in Surrey provincial court Friday (Sept. 6).
Aron plans to be there with friends and family, demanding justice for his daughter. Anyone who wants to join can meet outside the courthouse at 9:30 a.m., Aron said. People will be there with signs and T-shirts.
Chasity Dunn, Tori's cousin, started an in early July which has garnered more than 5,000 signatures. The Dunn family is calling on the legal system to "undertake a comprehensive internal review of the decisions and legal procedures leading up to the tragedy that has befallen Tori."
The family also created a Facebook group, , where people can be updated and share their journey "in seeking justice for Tori," reads the group description.
