Photo: Contributed

Jonathan Bacon was shot and killed in Kelowna in August 2011.

The three men accused of murdering Jonathan Bacon wrapped up their application to have their charges dropped Thursday, and the judge's decision is expected Monday.

Michael Jones, Jason McBride and Jujhar Khun-Khun have been charged with murder and attempted murder in the midday shooting outside the Grand Hotel in August 2011.

At the outset of their trial on May 15, the defence for the three men applied to have their charges dropped, based on the length of time their case has taken to get to trial.

In a Supreme Court of Canada decision this past summer, the court ruled that a supreme court case should take no longer than 30 months from when charges have been laid, barring delays caused by the defence or other exceptional circumstances.

The application has taken two weeks, but the Crown expects to begin calling evidence in the trial Monday.

“The judge will try and provide his decision Monday and assuming the application is dismissed, or if he's unable to provide a decision at that time, the Crown anticipates calling evidence on Monday,” said Dan McLaughlin, communications with the BC Prosecution Service.

If Justice Allan Betton decides the case has exceeded the accused's right to a speedy a trial, all of their charges may be dismissed.

Jones, McBride and Khun-Khun have been in custody since their arrest in February 2013.