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Magnotta threw meds in toilet just before trial, says Crown

Brian Daly. (Philippe-Olivier Contant/QMI Agency)

By Brian Daly, Postmedia Network

Luka Magnotta's father gives his testimony accused of killing the student Jun Lin, at the courthouse in Montreal, Friday, Oct. 31, 2014. (DELF BERG/QMI AGENCY)

Luka Magnotta's father gives his testimony accused of killing the student Jun Lin, at the courthouse in Montreal, Friday, Oct. 31, 2014. (DELF BERG/QMI AGENCY)

MONTREAL — The Crown, which says Luka Magnotta is acting crazy to avoid prison, also accuses him of throwing his medication into his jailhouse toilet.

The allegation, made in October, was covered by a publication ban lifted Monday when jurors began deliberations.

Magnotta says he's schizophrenic and was out of touch with reality when he killed and dismembered Chinese student Jun Lin in his dingy Montreal apartment on May 25, 2012.

The Crown maintained throughout the three-month trial that the former porn actor from Toronto is using his skills to fool psychiatrists.

Prosecutor Louis Boutillier was prepared to use a pill bottle to make his case.

He told Judge Guy Cournoyer that Magnotta tossed his medication in early September, just two weeks before the start of the trial. The prosecutor said he got the information from a jail official at Riviere-des-Prairies detention centre, where Magnotta has been held in isolation since June 2012.

Bouthillier said the evidence was relevant to his assertion that Magnotta is pulling a fast one on psychiatrists. He wanted Crown psychiatrist Dr. Gilles Chamberland to analyze the alleged pill-tossing.

Magnotta's lawyer, Luc Leclair, grew livid at the request, raising his voice as he told the court: "I want to see the pill bottle!"

Leclair said he would call Magnotta to the stand to answer the charge, but Judge Cournoyer didn't let it get before the jury.

It's one of several instances in which the judge said evidence could cause a potential prejudice that outweighed its importance to the Crown's case.

Jury goes out, Magnotta sits up

MONTREAL — Luka Magnotta constantly kept his head down when the jury was in the room but as soon as they left, he suddenly became much more alert.

On Dec. 1, with the jury out, prosecutor Louis Bouthillier said Magnotta's body language was relevant to his case.

"Dr. Gilles Chamberland has noticed it, as have others," said Bouthillier, referencing the Crown psychiatrist who Magnotta refused to meet.

"He's (sitting up) when the jury is absent," the Crown continued. "He doesn't sit the same way and he doesn't have the same behaviour that he has when the jury is in."

Bouthillier wanted the Crown psychiatrist to testify on the matter but Cournoyer said Canadian courts have declared a defendant's body language to be out of bounds.