Skip to content

Updated: Trial for Lacombe man accused of murder unreasonably delayed: defence lawyer

Shayne Earl Gulka, 46, is facing one count each of kidnapping and first-degree murder in connection
11952045_web1_courthouse-stock

A Lacombe man facing kidnapping and first-degree murder charges has waited too long for his trial and charges should be stayed, his lawyer argues.

Michael Scrase pinned the blame for the delay on Crown prosecutors, claiming they waited until recently to turn over thousands of pages of evidence, as required, to the defence.

“Those 4,500 pages should have been disclosed to me two years ago,” Scrase told Red Deer Court of Queen’s Bench Justice Ken Nielsen.

Other evidence was also not disclosed as it should have been, such as Calgary police interviews of a suspect in another case that raises questions about the credibility of a key witness against Gulka, Scrase argued.

The omissions amount to an “abuse of process” by Crown prosecutors, he told the judge.

“(Prosecutors) want to say the delay is not their fault — it’s exceptional circumstances,” said Scrase, who disagreed there was anything exceptional getting in the way of releasing disclosure.

Crown prosecutor Adam May said the Crown has turned over all evidence as required and said some of the delay was caused by the defence.

Shayne Earl Gulka, 46, is facing one count each of kidnapping and first-degree murder in connection with the death of Bradley William Webber, 46, in October 2006.

It is alleged Gulka is one of two men who kidnapped an unnamed man on Oct. 24, 2006 and forced him to give up the name of an associate, who was living in an RV northwest of Eckville.

The two men allegedly went to the RV and shot Webber, who died from multiple gunshot wounds.

Gulka was charged on March 9, 2016 and a 30-month deadline to go from charges to trial set by the Supreme Court of Canada in a 2016 decision would be up Sept.9.

A three-week trial expected to start last week ground to a halt because of the evidence disclosure issues.

The case returns to court on June 4 when the judge will be updated on what is likely to happen during trial dates set for the first two weeks of September.

During those two weeks, the judge will hear the application about the trial delay and possibly other applications from the defence about the conduct of the Crown prosecutors office.

The courts have taken the Supreme Court’s direction seriously.

Last month, an alleged gang leader facing first-degree murder, conspiracy to commit murder and instructing a criminal organization charges was allowed to walk free after a Calgary judge issued a stay saying the trial did not take place within a reasonable time.



News tips

Like us on Facebook and follow us on Twitter