Two men accused of murdering a Castor-area family must wait to find out if their lawyer’s bid to have the charges stayed is successful.
Lawyers for Jason Gordon Klaus, 43 and Joshua Gregory Frank, 30, presented their arguments in support of a so-called Jordan application in court on Thursday.
In July 2016, the Supreme Court of Canada set a new benchmark of what is considered an unreasonable delay in court and that an accused rights to a timely trial were infringed.
Under the new framework, unreasonable delay was to be presumed if proceedings topped 18 months in provincial court or 30 months in superior court.
If a judge agrees the delay was unreasonable charges would be stayed.
Red Deer Court of Queen’s Bench Justice John Little heard arguments late into the evening on Thursday. He plans to release a written decision later.
The bodies of Gordon Klaus, 61 and his daughter, Monica, 40 were found in the rubble after their farmhouse burned down on Dec. 8, 2013. Gordon’s wife, Sandra, 62, was never found.
RCMP investigators allege that she also perished in the fire.
RCMP arrested and charged two suspects on Aug. 15, 2014 — Monica’s brother, Klaus and Frank.
Both men were charged with three counts of first-degree murder and one of arson.
Their trial is set to run from Oct. 10-24.