Preliminary hearing postponed by illness

The N1H1 flu took its toll in Red Deer court on Wednesday. A preliminary hearing for two men charged with aggravated assault and robbery was postponed because two of the key parties in the trial are sick.

The N1H1 flu took its toll in Red Deer court on Wednesday.

A preliminary hearing for two men charged with aggravated assault and robbery was postponed because two of the key parties in the trial are sick.

Lawyer Bonnie Ewing has the flu and pneumonia and the alleged victim is quarantined with the flu, Crown prosecutor Dennis Huot told provincial court Judge David Plosz.

Shawn Allan Johnson, 24, of Red Deer and Donald Robert Quaite, 45, of Red Deer were charged shortly after the May 3, 2009, incident in Red Deer in which a man was injured and robbed.

Johnson had been in custody since the incident but was released Wednesday on $1,000 cash bail.

The case was adjourned until Dec. 2, at which time it’s hoped the condition of both the lawyer and the alleged victim will be better known.

A new trial date isn’t expected to occur until some time in the new year.

Plosz told Quaite that if Ewing’s condition is long term, then he will have to retain another lawyer.

jwilson@bprda.wpengine.com