Bailey a no-show for impaired driving hearing

TORONTO — The lawyer for former Canadian Olympic sprinter Donovan Bailey made a brief appearance in court Monday to argue the Crown hasn't provided full disclosure.

Bailey, 44, was charged in March with having a blood-alcohol level of more than 80 milligrams while driving a car in Toronto.

The former world record holder in the 100 metres was not present in court Monday because he's in Edmonton promoting the Donovan Bailey Invitational, a track race featured in the Edmonton International Athletics Festival.

A pre-trial date was to be set Monday, but Harval Bassi, representing Bailey on behalf of Bailey's lawyer Calvin Barry, said the Crown has yet to provide full disclosure.

“We have almost provided compete disclosure,” Crown attorney Jennifer Armstrong said. “It remains the Crown's position that sufficient disclosure has been made.”

But Bassi insisted the Crown has a duty to provide the information he's seeking and the matter was held over until July 9.

“We're seeking the test history of the breathalyzer that was administered,” Bassi said outside court. “That history can be very important.

“If the machine itself isn't in functioning order, then that itself can pose a problem for the Crown's case.”

The test history and readings of the breathalyzer may also determine if an expert is required during the pre-trial hearing.

“We will do our best to have that disclosure ready, most of which is not considered relevant by the Crown,” Armstrong said.

Bailey is not expected to appear for the July 9 disclosure hearing.