NORTH BATTLEFORD - A man’s right to have a trial within a reasonable time wasn’t violated and jeopardy didn’t change when he wasn’t given a second right to counsel, ruled Judge Daniel O’Hanlon Monday in North Battleford Provincial Court.
Alberta Lawyer Tom Stepper had filed two Charter applications; a Jordan and a Sinclair Application on behalf of his client Drayden Clinton.
The Jordan Application sought to have Clinton’s case thrown out due to what Stepper said were unreasonable delays. Clinton’s trial was scheduled and delayed three times. Two delays were the result of the COVID-19 pandemic and one because of Clinton after he allegedly sent a letter to the court with new evidence.
“I’m satisfied the pandemic caused some of the delays in proceedings,” said Judge O’Hanlon, which is an exceptional circumstance. He added that if his trial doesn’t conclude by Sept. 1 defence could submit another Jordan Application.
The Sinclair Application sought to have the court rule that Clinton’s rights to counsel were violated when he wasn’t given the right to make multiple phone calls to a lawyer. He was given the opportunity to speak with a lawyer after he was arrested but after the phone call the RCMP started questioning Clinton about a hotel robbery, which he didn’t know he was being charged with at the time he made the first phone call to his lawyer.
Judge O’Hanlon ruled there was no change in jeopardy.
In January 2020, Clinton was arrested in connection to several separate incidents. He was charged with unlawful confinement, uttering threats, carrying a weapon for a dangerous purpose, assault with a weapon, use of a prohibited firearm while committing robbery, wearing a mask in the commission of an offence, possession of ammunition while prohibited, possession of brass knuckles, possession of a controlled substance, commit bank fraud over $5,000, break, enter and theft, and possession of property obtained by crime.
He was released on bail in February 2020 but re-arrested the next day and has been in custody since.
In July, the Crown Prosecutor introduced charges of witness tampering against Clinton for allegedly intending to provoke fear in a witness and obstruction of the course of justice on June 22, 2021.
Clinton’s trial continues Monday in North Battleford Provincial Court and has gone into a voir dire after prosecution asked the court for an exception to the hearsay rule. A voir dire is a trial within a trial and the details of what is said can’t be published.
