Judge grants Greg Fertuck permission to again cross-examine witnesses

A Saskatoon Court of King’s Bench justice has reopened part of Greg Fertuck’s first-degree murder trial in order to give Fertuck the opportunity to personally again cross-examine two witnesses who were called earlier.

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

During his last court appearance, Fertuck argued he should be allowed to cross-examine Kenneth Chan, an RCMP ballistics expert, and Fertuck’s former domestic partner, Doris Larocque.

He told Justice Richard Danyliuk he was not satisfied his former lawyers asked the two all of the questions Fertuck had requested. In his decision, called a fiat, Danyliuk granted Fertuck’s request.

“(Fertuck) is convinced, he says, that his own further cross-examination will provide evidence that will prove him innocent,” wrote Danyliuk.

Fertuck now represents himself after his two previous defence lawyers, Morris Bodnar and Mike Nolan, asked to withdraw from the case.

Bodnar said he was “blindsided” by Fertuck. Neither he nor Nolin were told about a complaint Fertuck made to the law society until receiving a letter about it in August of 2022. Both lawyers told the judge they could no longer represent Fertuck.

The trial began in September of 2021 and has been plagued by a variety of delays.

In his decision, Danyliuk blamed many of those delays on Fertuck and the defence.

“This matter has seen a somewhat difficult procedural history. It is now approximately 18 months since the trial and the voir dires began. Much, but not all, of the delay is attributable to the defence,” Danyliuk wrote.

Danyliuk also noted in his decision that Fertuck can’t ask the witnesses anything he wants. The Crown can object, and the justice may also intervene if necessary.

“The overarching consideration is trial fairness. Mr. Fertuck must be allowed to meet the case against him … I have decided to afford him an opportunity to do so,” Danyliuk wrote.

Chan is expected to testify via video link, while Larocque will testify from what’s called a “soft room” — a space where the witness can feel at ease and not threatened — as she did during her previous testimony.