Paul Bernardo Research Paper

ped and often murdered in Ontario. The perpetrator behind these crimes became known as “The Scarborough Rapist.” This offender was Paul Bernardo. However, Bernardo did not act alone. He and his wife, Karla Homolka, tragically raped and murdered a number of young women, including Homolka’s younger sister, Tammy Homolka. In 1993, both Bernardo and Homolka were charged with sexual assault and murder.

The investigations that followed exposed one of Canada’s most infamous killer couples. Kenneth Murray, a criminal lawyer, was retained by Bernardo to defend him in court. For 71 days in 1993, police searched Homolka and Bernardo’s home but failed to discover incriminating evidence. After the search warrant ended on May 6, 1993, Bernardo provided
In Canada’s Criminal Code, it outlines that anyone who willfully attempts to obstruct the course of justice is guilty of an offence. Although it may be obligatory for a lawyer to take possession of physical evidence to defend their client, it is an offence to remove evidence to prevent the court/police of charging their client. Although lawyers are subject to solicitor-client privilege, this privilege cannot and does not permit a lawyer to break a law. Murray’s behaviour and actions obstructed the course of justice in regards to Homolka’s case. The Crown offered Homolka a plea deal, due to their lack of substantial evidence against Bernardo. It is believed that if the prosecution lawyers had been in possession of the tapes, the need for Homolka’s testimony would lessen, thus, the plea bargain would never have been offered. In Murray’s trial, lawyers stated that the tapes proved much more than previous evidence found. The concealment affected all aspects of the justice system regarding both Bernardo’s and Homolka’s cases. Murray believed the tapes were a necessary part of Bernardo’s defence and in order for his strategy to defend Bernardo successfully, it was required that he conceal them. The Crown had portrayed Homolka as a woman who was abused by her husband and was being controlled by him [Bernardo.] Murray believed the tapes would show that
In order to ensure a conviction against Bernardo, the prosecution arranged a plea bargain whereby Homolka would testify against her husband, in return for a lesser sentence (12 years) for her. If the prosecution had been in possession of the tapes, they would not have needed Homolka’s testimony, and she would have received a much longer prison sentence. Because the prosecution was not in possession of the tapes, the justice received by the families of the victims of Paul Bernardo and Karla Homolka was greatly diminished. Homolka, a murderer, received a lesser punishment in contrast to her husband, Paul Bernardo, simply due to her deal. Homolka drugged and killed her own sister, and actively participated in the sexual assaults and murders of other young women. By Homolka accepting a plea bargain, neither her own family nor the families of her victims received the justice they deserved and