The Crown will seek to continue a trial against three of four murder suspects after the fourth\u2019s lawyer withdrew, in order to fend off a potential unreasonable delay application.<\/p>\n
Prosecutor Katherine Love told Justice Colin Feasby on Wednesday there were several options on how to proceed with the case after defence counsel Shaun Leochko withdrew on Tuesday because of a conflict with certain Crown witnesses.<\/p>\n
One of those options, Love said, was for lawyers for the other three accused waiving delay if their trial was to be adjourned.<\/p>\n
But defence counsel Andrea Urquhart, Robin McIntyre and Jeanine Zahara said they wouldn\u2019t do that for their respective clients, Shyana Popplestone, Jared Burke and Gurpreet Gill.<\/p>\n
As a result, Love and co-prosecutor Britta Kristensen will have to make an application to sever those three from the indictment charging Leochko\u2019s former client, Greg Schuster.<\/p>\n
All four are charged with first-degree murder in the March 29, 2023, death of Calgarian Tara Miller, whose body was found dumped by a rural highway south of the city the following day.<\/p>\n
In her opening address Monday<\/a>, Kristensen said an autopsy determined the deceased suffered blunt force head wounds, was strangled, and had signs of forced ingestion of a lethal dose of fentanyl.<\/p>\n Love told Feasby that the accused were arrested in January 2024, making the deadline for a Jordan application to have the charges stayed because of a breach of their right to a timely trial this July.<\/p>\n The lawyers for Popplestone, Burke and Gill said they weren\u2019t willing to effectively waive their clients\u2019 Charter right because Schuster required an adjournment to get new counsel.<\/p>\n \u201cThis is not a case, on behalf of Mr. Gill, where we are using Jordan as a sword and not a shield,\u201d Zahara said, of the Supreme Court case that set guidelines on how quickly trials must proceed.<\/p>\n \u201cIt is a protected (Charter) right.\u201d<\/p>\n Despite that, Feasby said he was mindful of the advantage the defence would get if the case were delayed.<\/p>\n \u201cI am not naive. I understand the game,\u201d the Calgary Court of King\u2019s Bench judge said.<\/p>\n \u201cI am not going to stick my head in the sand and pretend there is not a delay issue that would result in a windfall for the accused.\u201d<\/p>\n With the possibility of the murder charges being tossed, Love said an application to seek separate trials for the three accused and Schuster was necessary.<\/p>\n Feasby will hear arguments on the issue next Wednesday.<\/p>\n