Defence in Dunkley murder trial accuses Hamilton police of ‘inadequate’ investigation; judge floats risk of mistrial

A criminal lawyer targeted the police investigation in the 2005 Michael Parmer homicide Monday, to the extent the trial judge suggested the tactic could lead to a mistrial.

Nathan Gorham, a Toronto lawyer defending Jermaine Dunkley in the first-degree murder case, accused Hamilton homicide detectives of having tunnel vision" in their approach to the investigation, also criticizing how their findings were presented in court.

The trial judge, Joseph Henderson, suggested the approach - which he said was questioning the adequacy of the police investigation" - was one that Gorham would have needed to disclose to Crown prosecutors prior to trial.

Focusing on that line of defence now, he said, raised the potential of a mistrial" because the Crown would need to call new witnesses and recalibrate the case they are presenting.

Gorham's arguments drew a rejoinder from prosecuting lawyer Andrew McLean that was heated, relative to the measured vernacular of assistant-Crown attorneys.

(Gorham) is alleging that the Crown has tunnel vision, which I find to be a shocking allegation, quite frankly," said McLean. This was a massive police investigation and we have done our best to present it succinctly. I'm sorry but I'm at a bit of a loss (for words)."

The judge said he would give the defence lawyer until Tuesday morning to state if he is going to formally pursue the police investigation issue, but Gorham seemed to telegraph that he was not prepared to push it further.

Gorham said he is not trying to impugn the integrity of the Crown lawyers," adding: I'm wondering if this (discussion) is mushrooming beyond its actual significance in the case ... It shouldn't turn into anything dramatic or lead to protracted litigation."

Gorham's argument is that police were unduly focused on testimony from a single witness, who he suggested simply wanted reward money, and that detectives ignored the theory that Parmer's murder may have been related to a drug deal involving friends with him the night he was shot outside a bar on Ottawa Street North.

John Stewart, one of Parmer's friends present the night he was killed, began his testimony on Zoom Monday, and is scheduled to continue Tuesday in the judge-only trial.

Jon Wells is a Hamilton-based reporter and feature writer for The Spectator. Reach him via email: jwells@thespec.com