Justin Bourque's lawyer David Lutz defends handling of case - Action News
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New Brunswick

Justin Bourque's lawyer David Lutz defends handling of case

Justin Bourques lawyer rejects accusations he did a poor job of defending the killer of three RCMP officers, but a criminologist says his critic makes valid points.

Quebec lawyer Jean-Claude Hbert says Lutz didn't act in best interests of client

Moncton Mountie killer's lawyer defends handling of case

10 years ago
Duration 1:49
Quebec lawyer Jean-Claude Hbert says David Lutz didn't act in best interests of Justin Bourque

Justin Bourques lawyer rejects accusations he did a poor job of defending the killer of three RCMP officers, but a criminologist says his critic makes valid points.

David Lutz defended Bourque on charges of killing the three Mounties and woundingtwo more in a spree that paralyzed Moncton, N.B., in the summer of 2014.

"I wouldn't have done anything adverse to what my client's instructions were,"Lutz said Thursday.

Bourque received the longest sentence in Canadian history hell serve at least 75 years before he can apply for parole, at which pointhed be 99 years old.

Quebec lawyer Jean-Claude Hbert said a "profound injustice" took place in the trial andcalled on the New Brunswick Law Society to appoint a lawyer to appeal Bourques sentence.

Writing in the journal of the Quebec bar, Hbert said Lutz's agreement with the Crown (in the agreed statement of facts) that the triple police killing was "one of the most heinous crimes in Canadian history" breached the responsibility of absolute loyalty of a lawyer.

"I am convinced, and I am not the only one, that there was a profound injustice in how this case was handled," reads a translation of his remarks.

Harder fight needed, critics say

Hbert also said Lutz should have ordered his own psychiatric assessment of Bourque to try to reduce the verdict to second-degree murder or criminal irresponsibility.

The Quebec lawyer also said the new option of adding together three life sentences, without chance of parole for 75 years, could be judged cruel and unusual punishment.

Lutz invitedHbertto launch that appeal himself.

"People who don't know all the facts can always be counted on to give their opinion on what they would have done in my circumstances,"he said.

Marie-AndrePelland, a criminologist atUniversitdeMoncton, backed parts ofHbertsargument.

"He did not fight very hard to protect the rights of Justin Bourque, to understand who he is as a person," Pelland said, speaking in French. "And why did he not ask for a 25-year sentence?"

The Law Society of New Brunswick says it cant intervene unless a formal complaint is made.

An RCMP officer rests his head at a roadblock in Moncton, N.B., during the hunt for Justin Bourque. (Andrew Vaughan/Canadian Press)

Corrections

  • An earlier version of this story improperly attributed a quote asking whether defence lawyer David Lutz made enough effort to understand Justin Bourque and questioning why he didn't seek a 25-year sentence to Quebec lawyer Jean-Claude Hbert. The quote should have been attributed to Moncton criminologist Marie-Andre Pelland.
    Mar 19, 2015 11:17 PM AT