Lawyer for Calgarian says court delay unreasonable

Allegations against a wealthy Calgary businessman that he repeatedly harassed his ex-girlfriend should be stayed because of unreasonable delay, his lawyer argued Monday.

Defence counsel Gavin Wolch said even though Kenneth Carter is scheduled to be tried in Court of Queen’s Bench within timelines set by the Supreme Court his case should still be tossed.

Wolch told Justice Glen Poelman his client’s case could have proceeded sooner, noting his late father, Hersh Wolch, tried to get the Crown to try Carter separately from his co-accused.

Carter is accused of criminal harassment along with former cop and private investigator Stephen Walton and Walton’s wife Heather.

The allegations are linked to a police corruption case where three serving officers at the time unlawfully used police databases to assist in the tracking of Akele Taylor.

Anthony Braile (who was later fired from the police service over an unrelated issue), Brian Morton and Bradley McNish were convicted in April and are scheduled to face a sentencing hearing next month.

Wolch argued the case against Carter could have proceeded much sooner had he been prosecuted separately from the Waltons.

He also noted the Crown filed a direct indictment in the case shortly after the three were charge, taking it straight to Court of Queen’s Bench and avoiding a provincial court preliminary inquiry.

In 2016, the Supreme Court set strict time limits for cases to be completed, 18 months in provincial court and 30 months in Queen’s Bench.

Wolch argued because of the direct indictment the 18-month limit should apply, but even if it doesn’t the delay was still unreasonable because it could have been completed sooner than it will be.

Crown prosecutor Ryan Persad disagreed Carter’s case could have proceeded more quickly if he had been tried separately.

Persad also noted the case was already split into two separate ones, which streamlined matters.

“Here we have three co-accused the Crown says were in bed together,” he said.

Poelman will hear further Crown submissions Tuesday.

The trial before a jury is scheduled to be completed by Oct. 5, under 28 months after Carter was charged.