Bacon trial still on hold over issues of disclosure

Trial of 3 men in 2011 killing of gangster on hiatus since last fall

Delays in the trial of the three men accused of murdering gangster Jonathan Bacon continue while the defence seeks disclosure of witness protection records.

Jason McBride, Michael Jones and Jujhar Khun-Khun are charged with first-degree murder in the death of Bacon outside Kelowna’s Delta Grand hotel in August 2011.

They are also charged with the attempted murder of Hells Angel Larry Amero, Independent Soldier James Riach, and two women, Leah Hadden-Watts and Lyndsey Black, all of whom were in the Porsche Cayenne with Bacon when it was sprayed with bullets.

All three accused have pleaded not guilty. They were arrested in February 2013 and have been in custody since.

The trial by judge alone began in May 2017 and has been on hiatus since October 2017. It was originally scheduled to be completed in January 2018.

The three accused were in court Wednesday while defence counsel spoke to Justice Allan Betton about witness protection documents that have yet to be disclosed to them regarding several criminal witnesses whose identities are protected by a publication ban.

Amanda Lord, counsel for the Attorney General of Canada, said in court the earliest she expected to return to court with the documents was the week of April 9.

No trial continuation date has been confirmed.

Prior to the start of the trial, the accused applied for the charges to be dropped on the basis of their right to be tried within a reasonable time as guaranteed by the Canadian Charter of Rights and Freedoms.

Defence lawyers cited a July 2016 Supreme Court of Canada ruling that serious criminal cases should be concluded within 30 months of charges being laid, unless there are exceptional circumstances.

Betton denied the application and ruled the trial would go ahead.