Pubdate: Mon, 27 Apr 2009
Source: Province, The (CN BC)
Copyright: 2009 Canwest Publishing Inc.
Contact: http://www.canada.com/theprovince/letters.html
Website: http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser

DRUG CASE STAYED DUE TO DELAYS

Cocaine-Conspiracy Charge Laid In 2004

One of six men accused in a major cocaine-conspiracy case has had his 
charge stayed due to more than five years of delays, which a judge 
found to be unreasonable and a violation of his Charter rights.

In October 2004, Jason James Horner, 35, was charged with conspiracy 
to traffic cocaine. Prosecutors alleged he was a courier who 
attempted to help transport two shipments totalling 30 kilograms of 
cocaine from B.C. to Ontario.

His trial was scheduled to begin with a so-called voir dire, or trial 
within a trial, in April 2005, but since then has been repeatedly 
adjourned, for a variety of reasons.

The latest scheduling had his voir dire continuing May 19, with the 
trial concluding Dec. 31. The total time from the charge to the end 
of the trial would have been 621/2 months, a delay that was far too 
long for B.C. Supreme Court Justice Peter Leask.

"A principal cause of the delay in this case was the difficulty of 
scheduling time in the provincial court," said the judge in a ruling 
posted on the Supreme Court website on Friday.

Leask attributed 32 months of delay to "limits on institutional 
resources" in the provincial court and another 61/2- month delay he 
lay at the feet of prosecutors.

The judge cited an affidavit from Horner which he said provided 
evidence of prejudice to the accused by the delays.

Horner was unaware that he had a daughter, a child born in July 2005, 
until he was served with court papers for maintenance, and it was 18 
months before he was allowed overnight access to the child.

He became engaged in December 2006, but his fiancee has refused to 
marry him because of the court case.

His recovery from a work-related injury has "greatly added" to his 
psychological stress and affected his healing process, says the affidavit.

"The delay has caused serious prejudice to the applicant's security 
interest in that he has been seriously impeded from developing a 
relationship with his infant daughter Summer, as well as further 
developing his relationship with his fiancee and their daughter 
Sabrina," said Leask.

The other accused, including former boxer Robbie Della Penna, are 
scheduled to be back in court this week.

Federal prosecutor Chris Greenwood said Leask's ruling would be 
studied for a possible appeal.
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