Evidence decision expected in Nov.
VOIR DIRE TO DETERMINE ADMISSABILITY OF HEARSAY EVIDENCE IN ATTEMPTED MURDER TRIAL
A judge is expected to decide whether he will accept evidence in an attempted murder trial when the case returns to court next month.
Evidence presented during the trial has been heard in a voir dire — a trial within a trial — which began last December to determine the admissability of evidence. After several adjournments, the voir dire finally concluded last month, but the case was adjourned again to find a date when the lawyers and judge can meet for his decision.
During a hearing Wednesday in Lethbridge court, the date was set for Nov. 15.
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.
At the conclusion of a preliminary hearing last year a judge granted the hearsay evidence, and the accused, who had previously chosen to be tried in Court of Queen’s Bench, was committed to stand trial. However, he re-elected to be tried in provincial court and the process started over.