Luka Rocco Magnotta is seen is this sketch at the Montreal courtroom. (CHANTAL POIRIER/QMI Agency Illustration) Lin's father breaks down again at accused butcherer Luka Magnotta's hearing Luka Magnotta appears to wipe away tears at hearing One of Luka Magnotta's lawyers withdraws from case Security won't allow translator near Luka Magnotta during trial Judge rejects Luka Magnotta's request to boot public from hearing Luka Magnotta preliminary hearing

MONTREAL — A judge will decide Tuesday if she'll bar the public and the media from a preliminary hearing for accused killer Luka Rocco Magnotta.

The defence has asked Judge Lori-Renee Weitzman to expand a publication ban she issued in January.

Magnotta, a former small-time porn actor from the Toronto area, is accused of killing and butchering Chinese student Jun Lin last May.

Defence lawyer Luc Leclair wants the public gallery emptied under a rarely-used provision of the Criminal Code.

Section 537 allows a judge to bar onlookers and media from a courtroom "where it appears to him that the ends of justice will be best served by so doing."

Leclair told the judge Monday that reports about court hearings, high security and even Magnotta's body language and wardrobe could taint the jury pool.

"There's been so much bad publicity about Mr. Magnotta," said Leclair. "It was reported that there was a glass (prisoners') box, that there were guards, (that) the public has to watch out for this man. So how do we rectify this?"