Montreal police are investigating the owner of the Best Gore website,
which hosted a video of Luka Rocco Magnotta allegedly stabbing and
dismembering Jun Lin, a 33-year-old Chinese national.
Police told CBC News there is a good possibility charges will be laid.
Asked about the video at a press conference Tuesday morning, Montreal
police confirmed they are working with Edmonton police but declined at
first to comment on possible charges.
But Commander Ian Lafreniere later told CBC News the charge could be publishing obscene material.
"We do have a video that was posted on the web. For us, we believe
it's the right one, but now we have to prove it, so [there are] some
legal issues also about this," Lafrenière told the press conference.
The site is owned by Edmonton-based Mark Marek, who has defended his
website's role in the unfolding drama and says it provided a public
"[B]ecause the video was posted in the first place ... the Best Gore
community was able to identify the perpetrator four days before the
discovery of the torso in Montreal and the foot in Ottawa," Marek said
in an email exchange with CBC News last week, before Magnotta's arrest.
"Had the police not ignored the reports made at the time, they would
have likely caught the perpetrator red-handed, while still in the
"Due to a mishap outside of Best Gore's control, the report was
dismissed as not credible and [the] perpetrator not checked up on,
allowing him to carry through with his deed of mailing the body parts
off and disappearing without a trace," Marek said. "If not dismissed by
the police, [it] would have likely taken the perp off the street."
Roger Renville, a Montana-based civil litigation lawyer, told CBC
News last week he had come across the 10½-minute video on the website on
May 26 and reported it to Toronto police the next day along with other
law enforcement agencies in Canada and the U.S., but says his concerns
were dismissed.Marek defends websiteToronto police say
the only record of a caller they have came late Sunday night, and that
caller did not provide a web address. Police say they directed the
caller to Crime Stoppers.
Marek told CBC News via email that the video came to him from a
contributor on May 25 and was posted the same day, and said that he and
most of his site's members felt the video was real.
In a message posted Tuesday on Best Gore, Marek described himself as a
whistleblower and said the website helps to "expose evil-doers for who
they really are."
"People deserve to know what’s really out there," he wrote.
However, criminal lawyer David Butt told CBC News that "simply
serving a market that's out there" would not amount to a legal defence.
Butt said the courts look at "a combination of sex and violence that
exceeds community standards of tolerance," in determining if something
is obscene, and that a person's motivation for publishing that material
would not be a factor.
"If we have something that combines sex with violence to such a
degree it can be said to be degrading and dehumanizing, then that
amounts to obscenity," he said.
Magnotta, 29, is suspected of killing Lin, a university student in
Montreal, and mailing his body parts to Canadian political parties.
Magnotta is in a Berlin jail following his arrest at an internet cafe there Monday. Berlin police said Tuesday Magnotta won't fight extradition to Canada to face charges including first-degree murder.
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