Charges stayed at Laidley murder trial
Lawyer blames disclosure issues
First-degree murder charges against two men were thrown out over disclosure issues related to a confidential informant five weeks into a homicide trial.
The trial of Christopher Chung and Max Matthews ended abruptly Friday when Court of Queen’s Bench Justice Vital Ouellette entered a judicial stay of proceedings. Each man was facing charges of first-degree murder and indignity to a body in the 2016 death of Junior Morris Laidley, whose body was found in a burnt-out car in Lamont County.
Shamsher Kothari, who represented Chung, said there were issues throughout the trial with disclosure of information from the Crown and RCMP.
“We got evidence from witnesses on the stand, during the trial, in front of the jury, where we were like, ‘Wow, what’s this guy talking about?’ ” he said.
They made multiple formal requests for additional information from the Crown and RCMP.
“From the information we were receiving it became clear that the disclosure that had been provided was like an iceberg,” he said Sunday. “They’d provided just 10 per cent on the top, and there was 90 per cent under the water.”
Matthews has been released from jail, while Chung likely will be released soon, Kothari said.
Kothari added it is rare for a firstdegree murder charge to be stayed so far into a trial.
Laidley’s remains were found in a burnt-out BMW in Lamont County on Jan. 10, 2016. The 38-year-old was reported missing three days after the discovery of the car. He was identified as the victim on Jan. 15, 2016.
The car belonged to an acquaintance of Laidley, but it had been reported stolen. Police at the time said they did not believe Laidley stole the vehicle.
A total of four people were eventually charged in Laidley’s death. Melvin Casper Pennell pleaded guilty to being an accessory after the fact in July 2017. Thirtyone-year-old Matthew Thiemer pleaded guilty to manslaughter in August 2017, court records show.
As the Chung and Matthews trial progressed, Kothari said it became clear an important witness was in witness protection, despite assurances from the Crown that this was not the case.
After seeking additional disclosure, he said they learned the RCMP had provided the witness with cash and benefits, which led them to file motions to find out what information was not being disclosed by the RCMP.
He said the trial was paused while the lead Crown prosecutor at trial and another former prosecutor were brought in as witnesses.
Both Crowns testified they were not informed by the RCMP about witness protection while an RCMP officer on the stand said the Crown was informed, Kothari said.
In a statement, Alberta Justice and Solicitor General did not go into details about the issues leading to the stay, but said the Crown Prosecution Service is reviewing the decision.
It will determine within 30 days whether to appeal.