Judge unhappy as Greg Fertuck pushes for mistrial in first-degree murder trial

Greg Fertuck has announced his intention to file for a mistrial and more expert testimony in his first-degree murder trial, just a few days before a verdict is expected.

Fertuck is accused of killing his ex wife Sheree Fertuck in 2015. Her body has never been found.

The trial, which began in September of 2021 in Saskatoon, has been marked by lengthy delays, including a pause during the COVID-19 pandemic and a lengthy voir dire to determine the admissibility of statements Fertuck made to undercover RCMP officers. Those statements included a 2019 admission that he’d killed Sheree.

According to court documents, Fertuck, who is representing himself, advised the local registrar in Saskatoon that he intends to apply for a mistrial. Fertuck also advised the registrar that he wishes to retain his own firearms expert for testimony.

In a fiat issued on Monday, Justice R.W. Danyliuk, who is presiding over the trial, said the timing of Fertuck’s application “could not be much worse,” as it comes less than two weeks before the expected verdict, which was – and remains – scheduled for next Friday.

“This first degree murder trial was, everyone believed, nearing its end,” Danyliuk wrote.

Danyliuk noted that Fertuck had previous chances to call a gun expert to the stand, but didn’t do so.

“I am unclear as to why Mr. Fertuck’s previous request to call an expert witness made in 2023, and for which I granted him a very lengthy adjournment, was not acted upon,” Danyliuk wrote.

“When the defence called evidence, no firearms expert was called by Mr. Fertuck. Further, he has had months since this matter was last in court to raise his request. Instead, he has waited until now.”

Danyliuk said he understands that Fertuck is representing himself, but said that has been entirely his own decision and does not give him “carte blanche to do whatever he wants, whenever he wants to do it.”

The judge directed Fertuck to make his applications in the proper form, with notice to be filed by Wednesday at 4 p.m. The Crown will have an opportunity to file a response, and the applications will be heard in court on Monday.

Danyliuk said he understands those are very tight deadlines, but the case must move forward.

“As yet, I have absolutely no explanation for the timing of this request,” he wrote.

“Without an application it is impossible for me to adjudicate Mr. Fertuck’s latest request. I have had to have my schedule next week rearranged entirely to accommodate this matter, and I thank my judicial colleagues who have had to cover for me.”