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Accused killer Adam Picard is expected to file a fresh application for another stay of his first-degree murder case on grounds that it took too long to get to trial.
Picard, 34, in fact, had won a stay back in 2016 for unreasonable delay after spending four years in jail awaiting trial for the June 2012 killing of Fouad Nayel, 28.
The stunning decision that saw Picard walk out of court a free man devastated Nayel’s family. Even the judge said the justice system had failed everyone. But Ontario’s appeal court disagreed with the trial judge’s interpretation of the Jordan decision and reinstated the murder charge against Picard. The former military man surrendered in September, was sent back to jail and scheduled for trial in April.
But now there’s another delay in a case once stayed for too many delays.
Nicole and Amine Nayel are photographed in their Ottawa home on Wednesday June 14, 2017. Their son, Fouad Nayel, was killed in 2012.
The so-called Jordan decision was issued in July 2016, when the Supreme Court of Canada, in a 5-4 ruling, said unreasonable delay was to be presumed if proceedings topped 18 months in provincial court or 30 months in Superior Court.
Picard’s legal team, now led by Michael Crystal, has been granted an adjournment for more time to prepare. So the first-degree murder case scheduled for April will now unfold in September.
Picard’s defence team believes he is innocent an intends to vigorously defend him.
It is unclear if Picard will pursue his notice for leave to appeal the reinstatement of his murder charge.
Picard’s murder charge was reinstated after the appeal court said the case deserved more latitude since charges were laid well before the Jordan ruling, and that the delays would have been acceptable under the previous legal regime.
The appeal court also said Justice Julianne Parfett made mistakes in her trial delay calculations.
The appeal court found that, properly analyzed, the Crown could be held responsible for only 14 months of the four-year delay, which would keep the case well within the bounds of previous Supreme Court guidelines.
On the day the trial judge set Picard free, she told court:
“I cannot but emphasize that the more serious the charges, the more the justice system has to work to ensure that the matter is tried within a reasonable time … the thread that runs through the present case is the culture of complacency that the Supreme Court condemned in Jordan.”
Nayel, a 28-year-old construction worker, had been missing for five months when his decomposed remains were discovered in the woods near Calabogie in 2012.
Police say Nayel knew his accused killer through drug deals.
Assistant Crown attorneys Dallas Mack and Louise Tansey declined to comment on their long-awaited prosecution of Adam Picard.
Picard’s defence lawyer also declined to comment.
gdimmock@postmedia.com
twitter.com/crimegarden
查看原文...
Picard, 34, in fact, had won a stay back in 2016 for unreasonable delay after spending four years in jail awaiting trial for the June 2012 killing of Fouad Nayel, 28.
The stunning decision that saw Picard walk out of court a free man devastated Nayel’s family. Even the judge said the justice system had failed everyone. But Ontario’s appeal court disagreed with the trial judge’s interpretation of the Jordan decision and reinstated the murder charge against Picard. The former military man surrendered in September, was sent back to jail and scheduled for trial in April.
But now there’s another delay in a case once stayed for too many delays.
Nicole and Amine Nayel are photographed in their Ottawa home on Wednesday June 14, 2017. Their son, Fouad Nayel, was killed in 2012.
The so-called Jordan decision was issued in July 2016, when the Supreme Court of Canada, in a 5-4 ruling, said unreasonable delay was to be presumed if proceedings topped 18 months in provincial court or 30 months in Superior Court.
Picard’s legal team, now led by Michael Crystal, has been granted an adjournment for more time to prepare. So the first-degree murder case scheduled for April will now unfold in September.
Picard’s defence team believes he is innocent an intends to vigorously defend him.
It is unclear if Picard will pursue his notice for leave to appeal the reinstatement of his murder charge.
Picard’s murder charge was reinstated after the appeal court said the case deserved more latitude since charges were laid well before the Jordan ruling, and that the delays would have been acceptable under the previous legal regime.
The appeal court also said Justice Julianne Parfett made mistakes in her trial delay calculations.
The appeal court found that, properly analyzed, the Crown could be held responsible for only 14 months of the four-year delay, which would keep the case well within the bounds of previous Supreme Court guidelines.
On the day the trial judge set Picard free, she told court:
“I cannot but emphasize that the more serious the charges, the more the justice system has to work to ensure that the matter is tried within a reasonable time … the thread that runs through the present case is the culture of complacency that the Supreme Court condemned in Jordan.”
Nayel, a 28-year-old construction worker, had been missing for five months when his decomposed remains were discovered in the woods near Calabogie in 2012.
Police say Nayel knew his accused killer through drug deals.
Assistant Crown attorneys Dallas Mack and Louise Tansey declined to comment on their long-awaited prosecution of Adam Picard.
Picard’s defence lawyer also declined to comment.
gdimmock@postmedia.com
twitter.com/crimegarden
查看原文...
