This article was last updated on April 16, 2022
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Luka Magnotta’s defense lawyer has expressed his intention to allow his client to be tried on a lesser charge of second-degree murder in place of the original first-degree murder in the death of Concordia University student Lin Jun. Even though both charges can result in a life sentence, the a convict of second-degree murder is eligible to apply for parole after serving 10 years, whereas convicts of first-degree should at least serve 25 years before applying for parole.
The preliminary hearing has so far heard and recorded accounts of 32 witnesses, which is deemed to help in deciding whether there’s enough evidence to send the case to trial. Defence lawyer, Luc Leclair, informed Quebec Court on Monday that he intends to seek a trial on the lesser charge. According to The Criminal Code, a first-degree murder is defined as “planned or deliberate,” whereas a second-degree murder is one such which is not a first degree but is still considered intentional.
Crown prosecutor, Louis Bouthillier, informed press that the last witness to be heard at the preliminary hearing is scheduled to record their account on Friday via video conference from France. He further revealed that a team of Montreal police investigators has already landed in Europe, however due to an issue with the German judicial system, a German witness who was supposed to be heard will no longer testify. A routine court order has placed all the evidence heard so far under a publication ban.
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