Fertuck murder trial delayed nearly four months

A decision on whether certain evidence can be used in the murder trial of Greg Fertuck in Saskatoon has been delayed until January.

Fertuck is charged with first-degree murder in the death of his wife Sheree Fertuck in December of 2015. Her body has never been found.

In a voir dire, which often is described as a “trial within a trial,” Justice Richard Danyliuk must decide whether evidence collected by the RCMP during a “Mr. Big” sting operation can be admitted into the trial proper.

A “Mr. Big” sting is a controversial police tactic that sees undercover officers earn the confidence of a suspect by pretending to be involved in a criminal organization, ideally extracting a confession over time.

Both sides were scheduled to file written arguments, exchange them, and respond by July 11. Now, all of that is scheduled to occur during the last week of August and first few days of September. During the hearing, Danyliuk said court transcripts would not be ready until late July or early August, and noted it took five weeks for the defence to respond.

Danyliuk told Crown prosecutor Carla Dewar and defence lawyer Morris Bodnar that because of the delay and the fact he has several trials scheduled in the fall, he would not have the time necessary to deliver his voir dire decision until Jan. 12.

Bodnar, whose licence to practise law expires at the end of the year, said he would have to try and get an extension. Danyliuk told Bodnar the trial may continue well past the voir dire decision, and said the defence lawyer could not withdraw from the case until it concludes.

“At least at this time, and under these circumstances,” the judge added.

Fertuck directly addresses judge six times

Fertuck appeared to become irritated during the proceedings, rising six times to directly address Danyliuk, and telling him he should have been granted bail long ago.

“That’s between you and Mr. Bodnar,” said Danyliuk. “I will not interfere with you and your lawyers.”

Fertuck accused police and the Crown of “planting false evidence,” accused police of committing perjury while testifying, and even took aim at his own lawyers, telling the judge they had not been following his directions.

“I think my lawyers are giving me the shaft,” he said.

Danyliuk said he understood that Fertuck had been in jail for the last three years and was concerned about a timely trial, but said he could not consider any of Fertuck’s allegations in court as part of the trial or as evidence.

“I’m really going to encourage you now to not say anything further,” Danyliuk told the defendant. “Respectfully, you’re not helping yourself.”

Dewar also rose to tell the judge she took issue with the comments made by Fertuck regarding the Crown’s conduct.