'Justice moves slowly'

Photo: Nicholas Johansen

The defence in the Jonathan Bacon murder trial argued Tuesday the Crown has been moving slowly in disclosing evidence. 

After three weeks of break in the Jonathan Bacon murder trial, defence requested two more weeks of delay Tuesday, due to Crown's failure to provide their full evidence to defence.

Michael Jones, Jason McBride and Jujhar Khun-Khun are accused of the first-degree murder of Bacon outside Kelowna's Delta Grand Hotel in August 2011.

A second Crown witness protected under a publication ban took the stand Monday.

Witness B, a former associate of the accused and now a co-operating Crown witness, testified Monday and Tuesday, but defence counsel for McBride, Alan Gold, argued that he had only received copies of notes this morning from meetings the witness had with police in July and August of 2017.

“I don't think your lordship has a real appreciation of the sorry state of the disclosure regarding this key witness,” Gold told Justice Allan Betton. “I'm not in a position ... to let the Crown get away with it.”

Gold requested a two-week adjournment to allow the Crown to fully complete disclosure, so he can properly prepare a cross-examination of the witness.

“I want to be sure ... we are not going to get anymore transcripts, we're not going to get anymore task reports, we're not going to get anymore notes involving this witness, so that I can prepare a cross based on all the available material,” Gold said. “The purpose of this exercise is not to get this trial done, it's to get a fair trial.”

Betton was not in favour of more delays.

“I'm apprehensive about now stopping everything after two days in after three weeks off to do, at least in part, things that I had expected to have been accomplished over that three weeks,” the judge said.

Crown counsel Dave Ruse said he would have any outstanding notes regarding Witness B to defence by the end of Tuesday, and that he would check if there are transcripts or recordings from the July or August meetings.

Betton delayed further testimony from Witness B until Wednesday, to allow Crown to complete their disclosure.

“Justice moves slowly,” muttered a man viewing the trial.