No decision so far on murder charges

Lawyers for 3 men accused in 2011 killing of gangster in Kelowna arguing charges should be thrown out

Defence lawyers for the three men accused in the shooting death of gangster Jonathan Bacon are still arguing for the charges to be thrown out.

Jason McBride, Michael Jones and Jujhar Singh Khun-Khun are charged with firstdegree murder in the death of Bacon, who was killed outside the Delta Grand hotel in downtown Kelowna in August 2011.

They were arrested and charged in February 2013.

Their lawyers have applied for a stay of proceedings based on delays following the murder.

The application stems from a Supreme Court of Canada ruling stating superior court trials should be wrapped up within 30 months of charges being laid.

The trial has been in a voir dire, or a trial within a trial, since Monday, and defence and Crown lawyers have been making their cases to the judge regarding the application.

The trial was originally set to begin in April 2016 but was delayed several times.

McBride and Jones sat in the courtroom in separate prisoner boxes, separated from the gallery by bulletproof glass.

They were dressed in suits and sat still while watching the proceedings on Thursday morning.

The third accused, Khun-Khun, appeared by video from the Surrey Petrial Services Centre due to a medical condition.

He spoke up once Thursday morning when the video was cutting out and he could not see what was happening in the courtroom.