Series of mistakes plagues trial

Everything that could possibly go wrong in a robbery trial did on Thursday.

Everything that could possibly go wrong in a robbery trial did on Thursday.

Two Red Deer accused of the armed robbery of a city liquor store last year had their trial adjourned in provincial court because of a series of mistakes by the court, Crown and RCMP.

John Louis Umperville, 50, and Leebert Ernest Jellifo, 44, are both charged with armed robbery and being masked while committing an offence in connection with the Nov. 10, 2008, robbery of the North Liquor Barn.

The first glitch occurred when Umperville’s lawyer John MacNaughton raised objection to the presence of Judge David Plosz, who was set to hear the case.

Plosz was supposed to have been disqualified from hearing the case because he denied Umperville his release on bail shortly after his arrest.

Judges are disqualified from hearing anything further on a case if they hear the bail review because of the perception of bias.

At the bail review, MacNaughton said Plosz asked the clerk to flag the case noting his disqualification.

Secondly, and more importantly, Plosz said, was that both MacNaughton and Jellifo’s lawyer Paul Morigeau hadn’t been presented copies of video surveillance taken by a store camera of the robbery.

Two copies of the tape were in the Crown’s file but hadn’t been turned over to the defence.

The third glitch was the failure of the RCMP and Crown to provide the defence lawyers with copies of a statement of one of three civilian witnesses. That was done only moments before court opened a second time.

A day had been set aside for the trial but it was clear to the lawyers and the court that two days are needed. The Crown planned to call six RCMP officers and the three civilians.

This was the second adjournment of the trial. The first occurred on Jan. 2 because MacNaughton was ill and some witnesses weren’t present.

Morigeau said he was anxious to have the trial start immediately since Jellifo remains in custody after having his federal parole revoked because of the charges.

Umperville spent about two months in custody until he was granted bail in Court of Queen’s Bench in January.

At the time of the robbery, it was disclosed that a man wearing a mask and armed with a knife robbed the store of $110 in cash.

Two suspects were arrested shortly after.

The trial has been adjourned until Nov. 12 and 13.

jwilson@bprda.wpengine.com

Just Posted

An incredible closing ceremony capped off the 2019 Canada Winter Games. (File photo by SUSAN JUDGE/2019 Canada Winter Games)
2019 Canada Winter Games Legacy Fund Society hands out $655,000

35 not-for-profit groups across Alberta to get money

There were six additional deaths across Alberta reported over the past 24 hours, bringing the death toll to 1,926 since the beginning of the pandemic. (File photo)
Alberta’s health-care system under ‘significant stress,’ says AHS president

The head of Alberta Health Services says hospital staff are treating more… Continue reading

The Red Deer Rebels have acquired goaltender Connor Ungar from the Brandon Wheat Kings, the team announced Monday. (File photo by Advocate staff)
Red Deer Rebels acquire goaltender Connor Ungar, forward Liam Keeler in separate trades

The Red Deer Rebels have acquired goaltender Connor Ungar from the Brandon… Continue reading

Alexander Michael Talbot, 29, was found guilty of operating a vehicle while prohibited, flight from police and vehicle theft in Red Deer provincial court recently. (Advocate file photo)
Man charged following police chases in central Alberta last summer is sentenced

Alexander Michael Talbot sentenced to 22 months in prison

COVID-19 test kit. (Black Press Media file photo)
Red Deer businesses can order COVID testing kits from chamber

Kits are being provided through a partnership with the Alberta government

Red Deer musician Curtis Phagoo is glad the Alberta government is investing $2 million to help the province’s live music industry, but he would have liked the criteria to be expanded, so the money could be used as relief to cover revenue shortfalls. (Contributed photo by Cory Michaud.)
Red Deer musicians welcome $2M in grants to help live music, but would have preferred a relief program

The money is for future projects and can’t be used for retroactive expenses

Conservative Leader Erin O'Toole holds a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Liberals silent on nature of Fortin probe or who will replace him on vaccine campaign

OTTAWA — The Liberal government is scrambling to reassure Canadians that the… Continue reading

A woman attends a vigil in front of the hospital where Joyce Echaquan died in Joliette, Que., on Tuesday, Sept. 29, 2020. THE CANADIAN PRESS/Paul Chiasson
Hospital staff testify today at Quebec coroner’s inquiry into death of Joyce Echaquan

TROIS-RIVIÈRES, Que. — Medical staff from a Quebec hospital where Joyce Echaquan… Continue reading

Natural Resources Minister Seamus O’Regan responds to a question during Question Period in the House of Commons in Ottawa on February 17, 2020. THE CANADIAN PRESS/Adrian Wyld
Ottawa looking for 2,000 new energy auditors to get home retrofit program going

OTTAWA — The federal government is looking to train 2,000 more people… Continue reading

A person waits outside a COVID-19 testing clinic in Montreal, Sunday, May 9, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
Ontario opens shots to 18+, Quebec opens drive-thru, as COVID vaccine efforts expand

Quebec is opening a drive-thru vaccine clinic at its busiest airport and… Continue reading

Calgary Flames players celebrate the team's overtime win against the Vancouver Canucks during an NHL hockey game in Vancouver, B.C., Sunday, May 16, 2021. THE CANADIAN PRESS/Darryl Dyck
Lindholm OT winner gives Flames 6-5 win over Canucks despite blowing four-goal lead

VANCOUVER — In a game with little to play for besides pride,… Continue reading

In this photo taken on May 13, 2021, Russia's performer, Manizha, smiles during an interview after rehearsing at the Eurovision Song Contest at Ahoy arena in Rotterdam, Netherlands. For many, the stage and global television audience of millions is a chance to express messages of inclusion, strength and positivity. Manizha has a message of strength for women in her song whose lyrics include the lines: "Every Russian Woman. Needs to know. You're strong enough to bounce against the wall." (AP Photo/Peter Dejong)
Eurovision Song Contest returns despite coronavirus pandemic

ROTTERDAM, Netherlands (AP) — Pounding beats? Check. Uplifting lyrics? Check. Huge, backlit… Continue reading

Serena Williams of the United States returns the ball to Italy's Lisa Pigato during their match at the Emilia Romagna Open tennis tournament, in Parma, Monday, May 17, 2021. Serena Williams earned her first victory in more than three months by beating 17-year-old qualifier Lisa Pigato 6-3, 6-2 in the first round of the Emilia-Romagna Open. Williams accepted a wild-card invitation for the Parma tournament after losing her opening match at the Italian Open last week. (AP Photo/Marco Vasini)
Serena Williams posts 1st victory in more than 3 months

PARMA, Italy (AP) — Serena Williams earned her first victory in more… Continue reading

In this Oct. 21, 2014 file photo, people pass an AT&T store in New York's Times Square. AT&T will combine its media operations that include CNN HBO, TNT and TBS in a $43 billion deal with Discovery, the owner of lifestyle networks including the Food Network and HGTV. The deal announced Monday, May 17, 2021, would create a separate media company as households increasingly abandon cable and satellite TV, looking instead at Netflix, Amazon Prime Video, Facebook, TikTok and YouTube. (AP Photo/Richard Drew, File)
AT&T, Discovery join media brands as cord-cutting encroaches

NEW YORK (AP) — AT&T will combine its massive media operations that… Continue reading

Most Read