Trials sees delays after two accused no-shows Penticton court

Accused are no shows again

Two cases set for trial on Wednesday morning saw delays in Penticton court as the accused in both matters failed to show up.

Mathew Duewan Gilmore, born in 1982, was set to appear for charges including assault a peace officer with a weapon, wilfully resisting or obstructing a peace officer, flight from police, dangerous operation of a conveyance and possession of stolen property over $5,000 relating to an incident in Okanagan Falls.

The court heard that the file is 792 days old and this is the second trial date for Gilmore, as he also did not attend his first trial date, which was on Jan. 31, 2023.

An unendorsed warrant was issued and remained outstanding until October 2023 when he was given a last chance to obtain counsel.

The judge agreed with the Crown and issued another unendorsed warrant — meaning should police find him, he will be held for court.

Also missing from court was Nicholas Allan James, born in 1983, who was set to appear for charges including possession of firearm without a licence or registration, careless use or storage of a firearm, possession of a loaded/unloaded firearm with ammo, theft from mail, possession of stolen property, and occupying a vehicle knowing firearms were present, all relating to an incident in Keremeos.

His defence lawyer said he had made multiple attempts to contact him.

"He had contacted me and I said that I would call him back and his phone has essentially been off so I could not confirm that he would be able to make it here today," Abdul Abdulmalik said.

Crown said that there is currently a three-day voir dire trial, a preliminary examination of witnesses and evidence to determine admissibility at trial, scheduled for this week, as well as trial dates scheduled in May.

There was also a previous unendorsed warrant issued on Feb. 7, 2023.

As dates have been set, all parties were hopeful that they could meet later this month to confirm that the May trial would go ahead.

The judge has issued an unendorsed warrant for James.

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