By Gregory Bonnell
TORONTO (CP) - The author of a book about the Robert Baltovich murder case said Wednesday that while he has "nothing to hide," he intends to fight a subpoena ordering him to surrender his source material to Crown prosecutors.
Author Derek Finkle said it would be violation of basic journalistic rights if he were forced to deliver the material, which includes Baltovich's prison memoirs and interviews with anonymous sources, to prosecutors who will re-try Baltovich next year for the murder of Elizabeth Bain.
"I don't have anything to hide, but on the other hand, I don't feel that it's appropriate for journalists to be freely handing over material that's going to end up being used to prosecute somebody," Finkle said after making a brief court appearance.
"That's not what journalists are here for, that's not our responsibility."
Baltovich spent eight years in jail after he was convicted of second-degree murder in the 1992 death of his girlfriend. The conviction was overturned on appeal and a new trial ordered.
Baltovich's lawyers have said they consider convicted schoolgirl killer Paul Bernardo a more viable suspect - a connection also made in Finkle's 1998 book, entitled "No Claim to Mercy."
The subpoena, issued in October, orders the author to surrender "any documents or notes related to the Baltovich case which were in my possession or control," Finkle said outside the court.
"If I had known that all of the material I was gathering . . . was going to be used . . . to potentially convict him again at a second trial, I probably wouldn't have done it," said Finkle, who noted the material also includes Christmas cards from Baltovich.
"If the Crown is looking for some kind of confession by Baltovich, it doesn't exist."
Having access to the source material could very well provide the prosecution with key information that can't be gleaned from just reading the book, assistant Crown attorney Philip Kotanen said outside court.
"Original sources are inherently worth more than seeing through the necessary filter of an author," said Kotanen, who added he read Finkle's book several years ago.
"If there's material that gives rise to evidence that could lead to guilt, of course I'm interested. The public expects me to be."
The possibility that confidential sources could be revealed to the Crown is something against which Finkle said he's "dearly trying to protect."
That concern is shared by free-speech advocacy organization PEN Canada.
"If (confidential sources) thought whatever they told or gave the author or journalist was going to end up in the hands of the police, they would be much less willing presumably to talk freely and openly," said Christopher Waddell, PEN's national affairs chair.
"The result of that is, the public interest is less well served because we have less of an opportunity to find out more details about controversial events."
Finkle, whose book is critical of the police investigation of Baltovich, is among a group of authors apparently being targeted by police and prosecutors, said Waddell.
"It's hard to escape the conclusion, under such circumstances, that this maybe some attempt at intimidating people from taking a look at cases, controversial cases," he said.
While Finkle vowed to fight the subpoena, he admitted that his limited financial resources won't allow him to take that battle very far.
"Lawyers are expensive. I don't work for a big media organization," said Finkle, who is editor of Toronto-based Toro magazine.
"At a certain point, I may just run out of funds to fight it."
Copyright © 2006 Canadian Press
TORONTO (CP) - The author of a book about the Robert Baltovich murder case said Wednesday that while he has "nothing to hide," he intends to fight a subpoena ordering him to surrender his source material to Crown prosecutors.
Author Derek Finkle said it would be violation of basic journalistic rights if he were forced to deliver the material, which includes Baltovich's prison memoirs and interviews with anonymous sources, to prosecutors who will re-try Baltovich next year for the murder of Elizabeth Bain.
"I don't have anything to hide, but on the other hand, I don't feel that it's appropriate for journalists to be freely handing over material that's going to end up being used to prosecute somebody," Finkle said after making a brief court appearance.
"That's not what journalists are here for, that's not our responsibility."
Baltovich spent eight years in jail after he was convicted of second-degree murder in the 1992 death of his girlfriend. The conviction was overturned on appeal and a new trial ordered.
Baltovich's lawyers have said they consider convicted schoolgirl killer Paul Bernardo a more viable suspect - a connection also made in Finkle's 1998 book, entitled "No Claim to Mercy."
The subpoena, issued in October, orders the author to surrender "any documents or notes related to the Baltovich case which were in my possession or control," Finkle said outside the court.
"If I had known that all of the material I was gathering . . . was going to be used . . . to potentially convict him again at a second trial, I probably wouldn't have done it," said Finkle, who noted the material also includes Christmas cards from Baltovich.
"If the Crown is looking for some kind of confession by Baltovich, it doesn't exist."
Having access to the source material could very well provide the prosecution with key information that can't be gleaned from just reading the book, assistant Crown attorney Philip Kotanen said outside court.
"Original sources are inherently worth more than seeing through the necessary filter of an author," said Kotanen, who added he read Finkle's book several years ago.
"If there's material that gives rise to evidence that could lead to guilt, of course I'm interested. The public expects me to be."
The possibility that confidential sources could be revealed to the Crown is something against which Finkle said he's "dearly trying to protect."
That concern is shared by free-speech advocacy organization PEN Canada.
"If (confidential sources) thought whatever they told or gave the author or journalist was going to end up in the hands of the police, they would be much less willing presumably to talk freely and openly," said Christopher Waddell, PEN's national affairs chair.
"The result of that is, the public interest is less well served because we have less of an opportunity to find out more details about controversial events."
Finkle, whose book is critical of the police investigation of Baltovich, is among a group of authors apparently being targeted by police and prosecutors, said Waddell.
"It's hard to escape the conclusion, under such circumstances, that this maybe some attempt at intimidating people from taking a look at cases, controversial cases," he said.
While Finkle vowed to fight the subpoena, he admitted that his limited financial resources won't allow him to take that battle very far.
"Lawyers are expensive. I don't work for a big media organization," said Finkle, who is editor of Toronto-based Toro magazine.
"At a certain point, I may just run out of funds to fight it."
Copyright © 2006 Canadian Press