Red Deer judge rejects defence bid to have second-degree murder charge stayed

Defence lawyer argued that Crown prosecutors had not turned over all disclosure evidence

For the third time, a judge has rejected a defence application to have a charge of second-degree murder stayed against a Red Deer man over evidence issues.

Most recently, lawyer Chris Archer argued that Crown prosecutors had failed to turn over all of the evidence that they are required to by law connected with the case of his client Daniel Boyd Sawyer.

Crown prosecutors say all necessary disclosure has been turned over and no stay is warranted, says the Crown.

Sawyer was charged in connection with the stabbing death of Alan Beach, 31, during a brawl outside a Village Mall pub in November, 2015.

He turned himself in nine days later and has been in custody since. He has pleaded not guilty and a jury trial is set to run Nov. 13-30 in Red Deer.

Archer was hoping to have the charge stayed, meaning the Crown prosecutor would not proceed on the charge. Crown prosecutors can reactivate charges within a year, but that is rare.

Red Deer Court of Queen’s Bench Justice Bill Hopkins denied the application in a decision on Monday afternoon.

Evidence related to the defence application is covered under a publication ban.

It was the third time a judge has ruled against a non-disclosure application from the defence in the case.

Sawyer’s lawyer has also filed an application to have the charge stayed because the case is taking too long to get to trial.

Under a 2016 Supreme Court of Canada decision, a deadline of 18 months has been set for a case to go from charge to trial in most provincial court cases and 30 months in higher courts. In what is known as the Jordan decision, the country’s top court calls for dismissal of cases that have been subject to unreasonable delays.

Justice Hopkins is expected to announce his decision on the trial delay application on Wednesday.



News tips

Like us on Facebook and follow us on Twitter

Just Posted

Yoga studio opens at Gary W. Harris Canada Games Centre in Red Deer

BMO Financial Group Wellness Studio open at RDC

RCMP seek suspect in Rimbey armed robbery

Rimbey Liquor Store was robbed at gunpoint about 8:30 p.m. on Saturday

Rimbey RCMP searching for suspects in break and enter spree

Rimbey RCMP are looking for a pair of culprits responsible for five… Continue reading

Stolen vehicle and gun seized in Blackfalds

Blackfalds man to appear in court

Blood moon over Red Deer

Moon captures attention

2-for-1: Total lunar eclipse comes with supermoon bonus

On Sunday night, the moon, Earth and sun lined up to create the eclipse, which was visible throughout North and South America

Opinion: Faith in immigration must be preserved

Canada has a deserved reputation for extending its arms to newcomers, but… Continue reading

Olympian Adam van Koeverden wins federal Liberal nomination in Ontario riding

MILTON, Ont. — Former Olympic flag-bearer Adam van Koeverden will be carrying… Continue reading

World champion Osmond says it’s “really nice” not to know what future holds

SAINT JOHN, N.B. — Kaetlyn Osmond has a world title, Olympic medals… Continue reading

World economy forecast to slow in 2019 amid trade tensions

For Canada, the IMF’s estimate for growth in 2019 was 1.9 per cent, down from expected global growth of 3.5 per cent

Timberlake pops in on patients at Texas children’s hospital

DALLAS — Justin Timberlake has pulled some sunshine from his pocket for… Continue reading

UK police speak to Prince Philip about not wearing seatbelt

LONDON — British police have spoken with Prince Philip after the husband… Continue reading

‘Gotti’ leads Razzie nominations, Trump up for worst actor

The nominations were announced on Monday, Jan. 21 with some movies earning up to six nominations

Curtain rising Sunday night on total lunar eclipse

CAPE CANAVERAL, Fla. — The celestial curtain will be rising soon on… Continue reading

Most Read