Whitehorse Daily Star

Jury selection clears way for accused’s trial

Jury selection was nearly complete by about 12:30 p.m. Tuesday, the second day of Mark McDiarmid’s trial, in Dawson City.

By Dan Davidson on January 21, 2015

DAWSON CITY – Jury selection was nearly complete by about 12:30 p.m. Tuesday, the second day of Mark McDiarmid’s trial, in Dawson City.

Six jurors were selected Monday and the remaining eight, plus two alternates, were picked on Tuesday.

Fire chief Jim Regimbal was on site at 9:30 a.m. to make sure the court did not repeat Monday’s violation of the fire safety regulations, but the court had gotten the message the day before.

Judge Elizabeth Hughes retained 50 citizens for the morning’s jury selection exercise, dismissing the rest until 1:30 p.m.

By 12:30 p.m., the main jury contingent, set at 14 for this trial, has been selected, plus one alternate juror.

The number of 14 is unusual, and the judge said the jury would have to be reduced to the more standard 12 when it came time to render the final verdict.

McDiarmid, 36, is facing seven charges – mischief in damaging a police vehicle, three counts of assaulting police officers, possessing a weapon for a dangerous purpose, and two counts of attempted murder – in connection with alleged altercations with Dawson City RCMP in October 2011.

McDiarmid was shot by police during the incident.

He has been in custody at the Whitehorse Correctional Centre since.

Details of the Oct. 19 and 20 incidents are protected by a publication ban.

Potential jurors were let go for a number of reasons.

Some were found to be unacceptable by the two “tryers” on the existing jury, having answered in the negative about their ability to come to an unbiased decision in the case based solely on the evidence presented in the trial.

One person was exempted from duty as being over the age of 65.

One man was exempted because his wife is likely to have to travel to Whitehorse to give birth during the projected six weeks set aside for the case.

Several persons had travel plans already booked that fell within the time frame, while others had scheduled medical treatments, procedures or operations that hit the same dates. A couple of people had ongoing health issues that rendered them unsuitable.

Some people had jobs for which they were essential personnel and could not be replaced: a worker at the Macdonald Lodge seniors’ home; another who operates the snow plow at the airport.

After one of the key personnel at a major local organization was selected, a colleague was excused on the grounds it would have shut down some essential seasonal work at the office.

Other candidates were deemed to have too close a relationship to either McDiarmid or to some of the witnesses on either side of the case. Members of the Canadian Rangers were dismissed.

Some people made it all the way through the judge’s questions about bias and were found acceptable by both “tryers,” only to be “challenged” by either McDiarmid or Crown prosecutor David McWhinnie.

Neither counsel is required to explain what moves them to issue a challenge, so the selection process remains rather mystifying to the gallery.

Most challenges were issued by McWhinnie.

After two days in the Yukon Order of Pioneers Hall, the trial – which could last six weeks – has moved to the courtroom in the Old Territorial Administration Building, which is currently the home of the Dawson City Museum.

The Dawson court registry is located in the north end of the building.

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