Attempted murder trial adjourned for a month

An attempted murder trial has been adjourned for a month while the judge hearing the case decides whether he will accept certain evidence presented by the Crown.

Evidence so far has been heard during a voir dire — a trial within a trial — to determine the admissability of evidence. The evidence can’t be published unless the judge admits the evidence into the trial proper. Although the voir dire concluded Friday in Lethbridge provincial court, it’s been adjourned until Oct. 24 to give the judge time to go review the case and go over the evidence before making a decision.

The accused in the case can’t be identified under provisions of the Youth Criminal Justice Act, because he was only 17 when he was charged with attempted murder, aggravated sexual assault, unlawful confinement, break and enter and commit sexual assault, uttering threats and robbery. The Crown, however, is expected to apply to have the accused sentenced as an adult.

The charges stem from an incident May 3, 2015 in which a woman was attacked while she slept at a family member’s home on the southside. A man broke into the residence through a patio door and sexually assaulted the woman, then dragged her outside and continued the assault. He slashed her throat with a knife before running away.

The voir dire was required to determine the admissability of hearsay evidence, since the woman who had her throat slit died of unrelated causes several months after the incident and can’t testify or be questioned by defence. A second witness for the Crown also died, forcing the Crown to rely on the evidence of police officers who spoke to the witnesses and recorded their statements.

In a preliminary hearing last year a judge granted the hearsay evidence during that hearing. After the accused, who had previously chosen to be tried in Court of Queen’s Bench, was committed to stand trial following the preliminary hearing, he re-elected to be tried in provincial court.

Although the matter returns Oct. 24, it will likely only be to set a date when the judge, Crown and defence can meet for a decision on the voir dire. The court will then determine how to proceed with the trial proper.

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