Lethbridge Herald

Attempted murder trial to resume in Feb.

- Delon Shurtz LETHBRIDGE HERALD dshurtz@lethbridge­herald.com

An attempted murder trial in which a man is accused of sexually assaulting a woman and slitting her throat, is finally scheduled to resume, but not until the new year.

The trial, which has been adjourned several times since it began last December, will resume for two days, Feb. 2 and Feb. 20.

The accused, who can't be named under a court-ordered publicatio­n ban, was only 17 when he was charged more than two years ago with attempted murder, aggravated sexual assault, unlawful confinemen­t, break and enter and commit sexual assault, uttering threats and robbery.

Court heard during the trial that on May 3, 2015 a man broke into a home through a patio door, and sexually assaulted a woman on the couch where she was sleeping. When she awoke and her stepfather intervened, the attacker grabbed a knife, threatened them both, and dragged the woman outside where he sexually assaulted her again before slitting her throat and fleeing.

Much of the evidence presented in court during the Crown’s case was under a publicatio­n ban until the judge ruled earlier this month it would be admissable. Defence had argued the evidence of the victim should not be admitted because the woman who had her throat slit died of unrelated causes several months after the incident and can’t testify or be questioned during trial. A second witness for the Crown also died, forcing the Crown to rely on the hearsay evidence of police officers who took statements from both witnesses.

Court was told the victim’s DNA was found on the accused and his clothing, which coincided with the victim’s statements to police.

The Crown concluded its case following the judge’s ruling, and defence lawyer Scott Hadford is expected to begin his case when the trial resumes in February.

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