Standoff accused fails in delay argument

Man convicted of pointing gun at police contributed to drawn-out trial, judge says

A last-ditch effort by Lyall Marlin Anaquod to have a range of serious charges tossed out — including one of shooting at police — failed.

Anaquod, 44, appeared at Regina provincial court on Wednesday for what was supposed to be sentencing arguments on charges related to a lengthy standoff from October 2017 in which shots were fired from a house on the 1100 block of Elphinstone Street.

Anaquod stood trial on a spate of charges and was found guilty in July of discharging a firearm while reckless as to the life or safety of others, pointing a firearm at a member of the Regina Police Service, threatening to kill members of the RPS, possession of a firearm for a dangerous purpose, and possession of firearms and ammunition contrary to a prohibition order and release conditions.

Sentencing on the matter was set over several months to allow time for the preparation of a Gladue report, intended to delve into Anaquod’s background as an Indigenous man and examine how that background contributed to his involvement in the criminal justice system.

The report was completed in time for what were supposed to be Wednesday’s sentencing arguments, but instead Judge Dennis Fenwick found himself tasked with deciding whether to grant a defence request for a stay based on delay in the case.

Defence lawyer Adam Fritzler argued 18 months passed between the date Anaquod was charged and the date of his conviction, with 18 months being the maximum time stipulated by the Supreme Court for a matter to be dealt with in provincial court — barring certain circumstances.

Fritzler laid much or all of the blame at the feet of the Crown. Among details he referred to was a lengthy period of time it took the Crown to locate a key witness who, it turned out, didn’t want to testify against Anaquod.

Meanwhile, Crown prosecutor Chris White argued a significant chunk of the delay was due to Anaquod himself. White noted Anaquod is now on his fourth trial lawyer, having parted ways with three previous defence lawyers.

Fenwick agreed with the Crown, determining while some delay was Crown-caused, much of the blame for the time the matter took to wrap up was due to Anaquod.

“Absent some proof of reasonableness, the delay incurred by an endless stream of counsel-changing cannot fairly be laid at the foot of the Crown,” Fenwick said, adding each new lawyer who came on board required time to familiarize themselves with the file and then to co-ordinate court dates with their schedules.

Fenwick added Anaquod has not always appeared so eager to move his case along, stating he twice indicated indifference as to the speed at which he obtained a lawyer.

Sentencing arguments have now been set for Dec. 12.