TOU

Winnipeg Free Press - SundayXtra - - THIS CITY -

Moslenko, ac­cord­ing to in­ves­ti­ga­tors, was al­leged to have ar­ranged to have Tran killed as a re­sult of a dis­pute they were in.

The pub­lic back­lash against Moslenko in the wake of his ar­rest was strong and swift, even though he’s pre­sumed to be in­no­cent.

Now, it’s the Crown and the de­ci­sion it made to stay his case be­ing called into ques­tion.

Af­ter giv­ing it sober thought, one sees crit­i­cism of the prose­cu­tion given the cir­cum­stances isn’t at all war­ranted.

It’s per­haps based in a mis­con­cep­tion of what Crown at­tor­neys are and what they do. The case against Moslenko pro­ceeded in a nor­mal fash­ion. It re­cently came for­ward for a pre­lim­i­nary hear­ing, where the ev­i­dence against Moslenko was pre­sented to see if there was enough to send him to a full, pub­lic trial.

To­ward the con­clu­sion of the hear­ing, prose­cu­tors lost a com­plex le­gal rul­ing which paved the path to the de­ci­sion they ul­ti­mately made.

That hap­pened a lit­tle over a week be­fore Tues­day’s hear­ing. Time has been granted to al­low the Crown to con­sider what it would do.

The way I see it, Crown at­tor­neys Dan Cha­put and Richard Smith — among the best and bright­est prose­cu­tors in Man­i­toba — had three op­tions, none of them great.

One, let Judge Michel Chartier rule on whether Moslenko should

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