Edmonton Journal

Lawyer wants mother’s conviction in son’s death thrown out over delays

- KEVIN MARTIN kmartin@postmedia.com twitter.com/KMartinCou­rts

The 38 months it took the prosecutio­n to convict Tamara Lovett of criminal negligence in her son’s death was excessive and should result in the case being tossed, her lawyer said Tuesday.

Defence counsel Alain Hepner said the time period exceeded guidelines establishe­d by the Supreme Court of Canada in the Jordan decision and should result in a stay being entered against Lovett.

Hepner said the period between Lovett being charged in November 2013 and her conviction last January — by Judge Kristine Eidsvik — was excessive and amounted to a breach of the Calgary woman’s charter right to be tried within a reasonable period of time.

In the Jordan decision, released in July 2016, the Supreme Court said cases that take longer than 30 months to be completed from the time a person is charged will be presumed to be a violation of an individual’s charter rights.

But Crown prosecutor Jonathan Hak said the delay attributab­le to the justice system, as opposed to the defence, was 32 months. He said Lovett’s trial could have been conducted in June 2016, but Hepner was unavailabl­e, causing its start to be delayed until late November 2016.

Hak said while that was still in excess of the 30 months establishe­d in Jordan, the Lovett case began before that ruling, so previous case law applied.

The prosecutor said because Lovett was able to conduct her defence without any problem, even testifying without struggling to remember details, there was no prejudice in the case.

Eidsvik will rule on the stay applicatio­n on Nov. 17. If she denies the applicatio­n, she said, she will likely proceed to sentencing Lovett that day.

Lovett remains at liberty pending her next court appearance.

 ?? FACEBOOK ?? Tamara Lovett was convicted in January of criminal negligence causing death in connection with the death of her son Ryan. Her lawyer is calling for the case to be tossed due to trial delays.
FACEBOOK Tamara Lovett was convicted in January of criminal negligence causing death in connection with the death of her son Ryan. Her lawyer is calling for the case to be tossed due to trial delays.

Newspapers in English

Newspapers from Canada