Preliminary murder hearing may be delayed

A preliminary hearing for a Niagara man charged with second-degree murder in the 2018 death of a 60-year-old man may or may not proceed in May.

Shaun Fitzsimons, 37, appeared in Ontario Court of Justice in St. Catharines on Friday via an audio link from a correctional institute.

While his preliminary hearing is scheduled to begin May 25, court was told the matter may not be able to proceed as Ontario courts dramatically cut back operations mid-March in an effort to curb the spread of the coronavirus.

While the court continues to hear urgent matters, bail hearings and plea courts for accused people in custody, trial matters and preliminary hearings have been temporarily postponed.

Fitzsimons’ lawyer said Friday she had suggested her client’s preliminary hearing be held using a video conferencing platform such as Zoom, but she had not received a response from the Ministry of the Attorney General.

The matter will return to court May 8 for an update on whether the preliminary hearing can proceed. A preliminary hearing is held to determine if there is enough evidence to proceed to trial.

Fitzsimons was arrested April 15, 2018, after Glen Hewer was found lying on a sidewalk on Queenston Street in St. Catharines.

The St. Catharines resident has been in custody since his arrest.

Some legal experts have raised concerns that the temporary suspension of most court operations could have significant long-term consequences.

In a notice issued this week, Chief Justice Geoffrey Morawetz said the court will not resume jury selection and jury trials until September at the earliest.