Delays in Red Deer triple homicide trial threaten major cases
The trial of two men in Red Deer in a triple homicide could delay two major Calgary cases, potentially leading to charges being thrown out because of unreasonable delay.
Lawyers on three files appeared before Justice Beth Hughes on Friday to explain how the Red Deer case could derail the trials of a Calgary murder suspect and three men charged with conspiring to murder a rival gangster.
Defence lawyers Allan Fay, Tonii Roulston and Andrea Urquhart appeared before Hughes by phone from Red Deer, where they are in the middle of what was supposed to be a six-week, triplemurder trial.
But the lawyers said that, because of a two-week delay at the start of the hearing, when they were granted an adjournment because of late Crown disclosure, and the fact Justice Eric Macklin said he’s not available for the final week, they won’t finish in time.
Fay told Hughes Macklin has informed counsel that, if the case isn’t completed by the end of next week, lawyers will have to be ready to resume the week of Nov. 27.
That’s when Fay is supposed to be in Calgary for the beginning of the second-degree murder trial of Joshua Burgess in the death of his wife.
Burgess was charged with the slaying of his wife, Shannon Madill, more than seven months after she disappeared Nov. 27, 2014. He was arrested after her body was discovered July 3, 2015, at the Spiller Road S.E. residence they shared.
On Nov. 29, Roulston and Urquhart are supposed to be in Calgary Court of Queen’s Bench for the continuation of the trial of three men charged with conspiracy to commit murder.
The lawyers told Hughes that Macklin ordered the triplemurder trial of Jason Klaus and Joshua Frank to continue until its conclusion, regardless of their schedules.
They also said Macklin hasn’t explained why he isn’t available the week of Nov. 20, which was supposed to be the final week of the trial of their clients, who are accused of murdering Klaus’s parents and adult sister.
Fay said that, even if the Crown’s case is done by the end of next week, they’ll still need another week and a half to get the defence evidence in and present final arguments.
The lawyers have already made one so-called Jordan application for a stay based on unreasonable delay.
Fay said that, if the Burgess trial is adjourned because he has to remain in Red Deer to finish that case, he’ll apply for a judicial stay on the murder charge.
“If Burgess is adjourned I’ll make the Jordan application when it’s applicable,” the lawyer said, referring to the Supreme Court decision that has set strict deadlines on how long cases can take winding their way through the system.
Crown prosecutor Susan Pepper said concessions have already been made to assure Burgess is tried within the 30-month Supreme Court guideline and she’s strenuously opposed to any delay.
She said the Madill family has already made arrangements to fly in to attend the trial this month.
“We have a justice in another case forcing an adjournment on the Burgess case,” Pepper told Hughes.
Hughes said she wouldn’t adjourn either of the Calgary cases to accommodate Macklin’s order, at least for now.
“Nothing is going to be adjourned, I’m going to speak to the chief justice,” she said.