WINNIPEG –Andrea Giesbrecht’s trial is on hiatus until the end of August, in order to giver her husband sufficient time to get legal advice.
Giesbrecht is charged with concealing the bodies of six dead infants inside a storage locker.
RELATED: Friend of Andrea Giesbrecht shocked to hear about multiple abortions
In court Thursday morning, Crown attorney Debbie Buors began questioning Giesbrecht’s husband, Jeremy, and asked if he was willing to waive spousal privilege.
Under the Evidence Act section 4(3) it says:
No husband is compellable to disclose any communication made to him by his wife during their marriage, and no wife is compellable to disclose any communication made to her by her husband during their marriage.
However, a spouse can opt to waive their right and answer questions about communication during the couple’s marriage.
Jeremy Giesbrecht said he would not waive his spousal privilege.
However, as Defence attorney Greg Brodsky began his cross-examination it appeared the 43-year-old wanted to pick and choose which privileged information he would divulge and for which side.
Jeremy Giesbrecht seemed to want to answer questions for the defence but not for prosecutors.
RELATED: ‘She told me that she lost it’: Witness testifies during Andrea Giesbrecht trial
Buors said if Jeremy Giesbrecht waives his right to spousal privilege for one question, he has to waive it entirely.
Judge Murray Thompson advised him to seek legal advice and has asked both the Crown and defence to provide written submissions with case law to support their arguments.
The trial will not take another five week hiatus and resume August 29 to September 2, 2016.
It comes one day after he took the stand for the first time, telling court he was aware his wife had 9 abortions. He also said he didn’t know he was going to be a father until he got a call to come to the hospital.
WATCH MORE: Andrea Giesbrecht back in court Wednesday
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