Lack of proper jail facilities prompts murder trial relocation

A long commute and lack of proper food, recreational facilities, daily showers and medical care in lockup for a man accused of murder during his trial in Cranbrook would be a hardship, a B.C. judge has ruled in granting a change of venue to a Kamloops court.

B.C. Supreme Court Justice Paul Riley weighed Crown prosecutors' bid to hold the trial in Cranbrook, closest to where the killing took place and where most of two dozen witnesses live, against “substantial” hardships Mitchell McIntyre faces in having to travel from Kamloops provincial jail to attend the total eight weeks of trial.

“The public interest in favour of a trial in the courthouse that is nearest to the community where the alleged crime is said to have occurred is ... outweighed by the hardship that an in-custody trial in Cranbrook would cause to Mr. McIntyre,” Riley wrote.

McIntyre's lawyers had argued in court the cumulative hardships — including a nine-hour ride in the back of a sheriff's van, while seating on a metal bench wearing leg irons and handcuffs, and staying in a basement, windowless cell at the Cranbrook RCMP detachment during the trial — “will undermine Mr. McIntyre's ability to participate in the trial proceedings, which could impact trial fairness.”

Riley agreed and said, “The defence has established that a change of venue is expedient to the ends of justice” as required to have the venue changed.

An option to have McIntyre attend his trial by video link was dismissed after it was attempted during a pretrial hearing, but was hampered by lack of a proper chair and desk at the Kamloops jail.

Instead, some of the witnesses will appear by video or travel from Cranbrook to testify at the trial, court heard.

McIntyre is accused of second-degree murder in the shooting death of Julia Howe, the common-law partner of McIntyre's landlord, on Feb. 6, 2022, in Creston, about 100 kilometres from Cranbrook.

McIntyre, who has pleaded not guilty, has been in custody at the Kamloops regional correction centre, where he was housed in a cell with two bunks and no cell mate, a window, regular recreational time in a yard or the gym, a TV, access to reading materials, regular access to a shower and no complaints about the facilities, the food or the treatment there, the reasons said.

And he has access to regular health care for his serious health concerns, including heart and kidney issues, high blood pressure and chronic back pain, Riley wrote.

McIntyre had travelled to Cranbrook to attend his preliminary hearing on April 17-27, 2023, and spent 18 days in the RCMP detachment cells. There were no windows or recreational facilities and he was allowed out only to attend trial. He was allowed to shower only when a B.C. Sheriff was available to monitor him and had only four showers over 18 days, the document said.

Meals were reheated frozen waffles and frozen meat pies, according to the judgment.

Plans were to return McIntyre to Cranbrook for the four weeks of the July trial, but the RCMP and B.C. Sheriff Services said they didn't support that because there was a lack of staff to supervise him in cells and because if he had a medical emergency over the weekend, no one could provide medical assistance until the janitor could call in an officer to unlock the cell door.

Instead, he was able to appear at a pretrial hearing on April 29 by video link from the Kamloops jail. But after the first day, he told his lawyer the video room was small, he was seated on a wooden bench and he had no table for note-taking. He reported his existing back pain and headaches were worsening.

To hold the trial in Kamloops would mean additional expenses of $24,000 to $35,000 to fly or drive all witnesses to Kamloops, Crown prosecutors say.