HALIFAX – The trial of Tara Gault was dismissed shortly after resuming on Tuesday afternoon
Tara Gault pleaded not guilty to the alleged assault, which happened on or about Oct. 22, 2013, the day the Liberal government assumed power after the last provincial election.
Younger was subpoenaed to attend the trial, but did not appear this morning.
His lawyer, Brian Casey cited a rule stating that cabinet members do not have to appear in court while the legislature is in session.
“As a member of the house of assembly, he is not subject to subpoena as most witnesses are. And that we would be evoking privilege not to appear this morning,” Casey said
The Crown wanted to submit environment minister Younger’s police statement in his absence, however Judge Greg Lenehan refused based on a rule of necessity.
He said Younger had a choice not to how up and testify.
“We don’t have any other way to put forward the information that was given to police. This was the only way to do it was use the actual statement because the witness is not here,” said attorney Tanya Carter.
Gault’s lawyer Joel Pink calls the use of privilege by Younger surprising and can only be explained by two reasons.
“One, that he don’t want the facts to come out. And number two, he had some personal reasons as to why the facts would not come out because he is back in cabinet,” Pink said.
Throughout the deliberation Judge Linehan expressed his frustration with Younger’s absence, refusing to even postpone the trial until Younger could appear.
He said it was disturbing that a minister of the Crown would not appear as a witness.
As for the details of the assault, they are vague. Gault’s lawyer does admit there was a relationship between the two, but he would not say what kind. He says now that the trial is dismissed those details may never come out.
“Someday you will have to ask him why he didn’t show up,” Pink said.
Younger resigned as energy minister in March, three months after he took a leave of absence following Gault’s arrest.
He was named environment minister in July.
With files from The Canadian Press.
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