The Supreme Court of Canada says it set aside a mans manslaughter and firearm convictions because of an unwarranted delay in his trial caused by the Crown
The Supreme Court of Canada says it set aside a man's manslaughter and firearm convictions because of an unwarranted delay in his trial caused by the Crown.
In reasons released today for a decision made from the bench last month, the top court says the net delay of about 35 months violated Dia 'Eddin Hanan's Charter right to be tried within a reasonable time.
Dia Hanan was found guilty of manslaughter and two weapons offences following a jury trial in November 2019.
The sentence came after a fatal shooting in December 2015 that took the life of 30-year-old Alekesji Guzhavin and severely injured Gregory Henriquez.
During the four week trial, the court heard the two victims had gone to Hanan's home to get money and shots were fired.
Hanan pleaded not guilty and said he was acting in self defence but a jury found him guilty of manslaughter.
His jury trial was slated to begin in Windsor in November 2018 but didn't get underway until October of the next year.
The Supreme Court says the delay was not due to a lack of time for the parties and the system to adapt to a 30-month time limit established by the top court in a 2016 case known as Jordan.
Rather, the defence had offered to proceed by judge alone so that the trial could conclude within the Jordan ceiling, but the Crown refused.
With files from the Canadian Press