Prince Albert Provincial Court. (Nigel Maxwell/paNOW Staff)

By Nigel Maxwell

Court delays

‘The clock is ticking away’: further delays in weapons bust case

Aug 14, 2020 | 11:29 AM

A court case surrounding a weapons seizure in the city last spring remains stalled and could be tossed out completely if one of the accused cannot be located.

As a result of a vehicle stop in the west flat on April 22, Christy Simaganis, Vance Linklater, and David Ross were arrested and charged with a number of weapons related offences including possession of a prohibited firearm, and possession of a weapon for a dangerous purpose.

Two large machetes, a can of bear spray, and a sawed off shotgun were among the items seized by police.

Both Simaganis and Linklater have entered not guilty pleas, and have expressed eagerness to see the case go to trial. However because the Crown refuses to sever their files from the one of David Ross, who cannot be located, the case cannot proceed.

Crown prosecutor Andreanne Dube explained in court Thursday the reason for the Crown’s position.

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“These matters are quite serious and will take a lot of resources to run the trial once, let alone possibly twice,” she said.

Dube explained to Judge Steven Schiefner the Crown has contacted both the Prince Albert Police Service, as well as the RCMP to let them know David Ross remains on bench warrant status. She also noted last Ross’s last known residence was at Montreal Lake Cree Nation.

Dube requested a further six-week adjournment, noting she was also still waiting on the forensics report with relation to the weapons seized. Judge Schiefer said six weeks was too long, and instead adjourned the matter three weeks to Sept. 3.

“The Crown is aware that the clock is ticking away on Jordan,” he said.

According to the Federal Department of Justice, Jordan’s delay refers to the rights of the accused to be tried within a reasonable time.

Essentially it means the Crown has 18 months to prosecute a matter or take it trial, barring any delays caused by the accused person or extenuating circumstances.

After 18 months, the defence can then make an application to dismiss the charges if the right of the accused to a trial within a reasonable period of time has been violated. It could result in a stay of proceedings.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell