Crown launches appeal after accused walks free
An appeal has been launched by the Crown after an Ottawa man accused of first-degree murder walked free because his case took too long to get to trial.
The Crown alleged the judge erred by “mischaracterizing” the trial delays and by failing to hear the prosecution’s arguments.
The Nayel family was devastated at the surprise ruling from Justice Julianne Parfett, who stayed the charge against Adam Picard, 33, accused of killing Fouad Nayel.
Nayel’s badly decomposing body was found in the woods in Calabogie in 2012 after his family reported him missing.
The notice of application for appeal was filed with the Ontario Court of Appeal Friday. It asked for a new trial to be held and alleged Parfett did not properly assess the complexity of the case.
The document also stated the judge “erred in failing to properly apply the transitional exception” and “erred in staying the proceedings without a full record and allowing full submissions from the Crown.”
The appeal comes one day after Nayel’s parents and their friends carried photos of Nayel as they protested outside the Elgin Street courthouse Thursday.
“What kind of message does this send? That you can (allegedly) kill someone and get away with it … What kind of judge would do this? The system isn’t fair,” Nayel’s mother, Nicole, said Tuesday after Picard was set free.
Parfett relied on new rules set by the Supreme Court of Canada earlier this year that limited the time an accused can wait for his or her trial to be completed to 30 months, starting from the date the charge is laid.
Picard’s release from custody after nearly four years in jail marked the first time since the Supreme Court decision that a person in Ontario accused of first-degree murder had charges stayed due to court delays.
“I am well aware that, in deciding to stay these charges, the family of (Nayel) in this matter will not see justice done as they would want. Moreover, the accused himself may find this to be a hollow victory. A stay of proceedings is not the same as a verdict of not guilty,” Julianne Parfett said, as Nicole cried in court.
Attorney General Yasir Naqvi said in a statement Tuesday he was “concerned” about the Picard decision and ordered ministry officials to review it.
On Friday, he said in a written statement he supports the Crown’s decision to launch an appeal.
“As this matter is before the Court of Appeal, I cannot comment any further,” Naqvi said.