On instruction from Bernardo, Murray retrieved the videotapes from their hiding place in Bernardo's home in Port Dalhousie, Ont., in 1993. Police failed to find the tapes after a three-month search of Bernardo's home. Public outrage was sparked after a judicial inquiry found the plea bargain would have been unnecessary had authorities known about the tapes. Homolka portrayed herself as a victim of Bernardo's sexual sadism, but the tapes proved she was an active participant. Bernardo, who is serving two concurrent sentences for first-degree murder, lost an appeal of his 1995 convictions earlier this month when an Ontario judge threw out the case without even hearing from the Crown.
Privilege is a guarantee to clients that dealings with their lawyers are confidential.
But that guarantee often leaves defence lawyers unclear as to how to handle evidence that may hurt their clients in court. The first witness in Murray's obstruction trial is expected to be called Monday.