"....The matter played out one day last month in front of Associate Chief Justice Anne MacKenzie, with a lawyer from the office of the special prosecutor facing off against one representing (NDP Justice Critic Leonard) Krog.
The special prosecutor's arguments against Krog's application ranged from the merely technical to the mildly insulting. The former involved readings of various court rules, the latter ... well here's the judge's summation of the key argument from lawyer Janet Winteringham for the special prosecutor:
"The Crown opposes Mr. Krog's application for unrestricted access to the materials because Mr. Krog has not identified what he intends to do with the materials.
"Instead, the Crown proposes a two-stage process. In the first stage, Mr. Krog would be able to view the materials. The second stage would require Mr. Krog to make a second application in which he would advise of his proposed use of the materials. The Crown would then consider its position on release of the materials including whether conditions should be attached to Mr. Krog's use of the materials."...
".....At this stage in the review, the New Democrats are scratching their heads over why the special prosecutor fought to withhold this material in the first place. One can only note that it is not the first time someone has had to go to court to gain access to information regarding this case.
Nor was it the last. Krog's experience in some ways resembles that of Auditor-General John Doyle, which will be the subject of a column later this week...."