Suspect’s right to speedy trial not violated: judge

Not all of the delay in getting murder suspect Alan Devon Bird to trial can be blamed on the Crown, a judge said Monday, in refusing to grant a stay of his charge.

Justice Karen Horner said Bird will stand trial this September in a case that will take 31 months to prosecute. That’s a month longer than the Supreme Court said was acceptable in a ruling last year that has resulted in dozens of charges being dropped or thrown out.

The so-called Jordan decision said periods of more than 30 months would result in charges being stayed as a result of unreasonable delay, barring exceptional circumstances.

Bird is set to stand trial in September, in a hearing that is scheduled to be completed Sept. 22, exactly 31 months after his Feb. 22, 2015, arrest on a charge of first-degree murder.

Bird is charged in the Feb. 22, 2015, death of Jaime Orellana, 30, who was shot on the front lawn of a home in the 2600 block of Edmonton Trail N.E.

Horner noted the case was supposed to go to trial in April, but because of a scheduling conflict with lead prosecutor Ken McCaffrey, was postponed until September. But she said both the Crown and the court were available to have the trial in June, but lead defence lawyer Janna Watt was unavailable, forcing the hearing into September.

The judge said it wasn’t reasonable to expect the Crown to replace McCaffrey in April, in order to ensure Bird was tried within 30 months.

She said in determining whether there has been a Charter breach, the court must determine whether both sides share blame for the delay. “It is not only the Crown’s conduct that must be examined, but the conduct of the defence as well,” the Court of Queen’s Bench judge said.

As the Crown did in April, Bird had the option of seeking new counsel for a June hearing, making any delay after that a defence one.

“The fact remains the Crown and the court were ready to proceed June 5,” Horner said.