Client charged with impaired driving, driving over .08, dangerous driving and three counts of assault with a weapon (to wit: a motor vehicle). Discharged at preliminary on driving over .08. Scheduled for jury trial in May 2011. Judicial stay of proceedings entered on balance of charges. Court accepted defence’ argument that client’s rights to make full answer and defence and to have a trial within a reasonable period of time breached. Police continuously denied that relevant disclosure sought by the defence existed causing an adjournment of a jury trial when same was produced the day after a jury was selected, causing an additional 8 month unjustiifed delay until trial. Total delay from charge to trial was 30 months. Further, following the adjournment of the first trial date and prior to the second a material defence witness died, causing actual prejudice to the client’s ability to defend himself.
July 3, 2012