Efforts to find an earlier trial date for a Consort man accused of killing his brother have failed.
John Wayne Mock, 34, remains in custody on a charge of second-degree murder laid by Coronation RCMP, who found the body of his 33-year-old brother, Timothy James Mock, in a rural home near Consort on Feb. 22.
Represented by Calgary lawyer Darren Mahoney, Mock pleaded not guilty by reason of being not criminally responsible in relation to his brother’s death. He has elected to be tried in Court of Queen’s Bench by judge and jury.
The trial was scheduled early last month for Nov. 6 to 8, 2013.
However, Court of Queen’s Bench Justice Earl Wilson on Nov. 5 urged the Crown and defence to do whatever they could to find an earlier date, given that the accused man will have been in custody for 20 months awaiting trial.
“He’s presumed to be innocent, for God’s sake,” Wilson said in his instructions to the Crown and defence.
Crown prosecutor Anders Quist advised Justice Kirk Sisson in Court of Queen’s Bench on Monday that an earlier date could not b found, therefore the Crown and defence are prepared to proceed to trial in November as scheduled.