Stellarton man attempting to make Canadian Charter of Rights argument in sexual-assault case
A Stellarton man convicted in January of a sexual assault dating to 2013 now is attempting to have the case dismissed because he was not tried within a reasonable time.
Troy Leonard Pennell, 46, of Harmony Lane, was scheduled to be sentenced June 16 following the postponement, for a variety of reasons, of several other sentencing dates. On the day of the sentencing hearing, however, Pennell informed Judge Warren Zimmer that he was dismissing his Legal Aid defence lawyer and was in the process of making arrangements to be represented by New Glasgow attorney Ed Patterson.
Last Friday, Patterson made an application to the court under Section 11 (b) of the Canadian Charter of Rights alleging that Pennell’s right to be tried within a reasonable time had been violated.
“I’m really not here in regard to the sentencing,” Patterson said, in asking for an adjournment to prepare his charter argument.
Zimmer granted the request despite a statement from Crown attorney Rick Hartlen that he was “strongly opposed” to the adjournment on the grounds that any delays that occurred in the case had been on the part of the defence. The Crown had always been ready at each stage in the process to present its evidence, he said, while adding that the complainant also “has every right” to a decision from the court in the matter and that “the time is nigh” for a final ruling.
In late January, Zimmer found Pennell guilty of sexually assaulting a woman who was asleep in her tent during the 2013 Dutch Mason Blues Festival in Bible Hill.
The conviction was entered in large part based on a DNA sample Pennell voluntarily provided to the RCMP, that resulted in a 1-in 4.8-trillion probability of belonging to anyone other than Pennell.
During the July 7 hearing, Zimmer ordered that the transcripts of all previous court appearances in the case be produced for both the Crown and the defence to ultimately determine why the case had been delayed in each circumstance since Pennell’s first court appearance on Jan. 21, 2015.
Last summer, following the R vs. Jordan case in the Supreme Court of Canada relating to lengthy court delays, new rules were established to the effect that all provincial court cases are to be concluded within 18 months of the original charge being laid while Supreme Court cases should be heard within 30 months.
The case has been adjourned to July 14 at 9:30 a.m. in Truro for Zimmer to determine how much time is required to prepare the transcripts and for legal briefs to be filed before the court.