Fertuck murder trial delayed again by defence application

While Friday was meant to be the day reserved for Justice Richard Danyliuk’s decision on a voir dire in the Greg Fertuck murder trial, the long-running case was delayed once again by an application from the defence.

The judge-alone trial remains in a voir dire – often described as “a trial within a trail” – to determine the admissibility of the RCMP operation that led to the arrest of Fertuck for the first-degree murder of his former wife, 51-year-old Sheree Fertuck.

Her body has never been found. She disappeared in the Kenaston area on Dec. 7, 2015.

Though Danyliuk was supposed to rule on whether Fertuck’s statements to police would be allowed as evidence at the trial — and the judge shared he was prepared to deliver that decision as scheduled — a motion from the defence requesting the opportunity to recall two Crown witnesses delayed that decision once again.

Fertuck, who is currently representing himself with advice from a court-appointed lawyer, told Danyliuk he wasn’t satisfied with the questioning his previous lawyers had undertaken when ballistics expert Kenneth Chan was on the stand.

Fertuck told the judge that he wanted to question Chan further because he could prove bullet casings found in the gravel pit where Sheree worked were not his.

Fertuck said he also wished to ask more questions of Doris Larocque, his former spouse. Fertuck claimed she was coerced and intimidated by authorities, leading to a no-contact order against Fertuck, which he said impacted his ability to be released on bail.

Danyliuk noted that Fertuck had not presented him with a bail application.

The judge explained to Fertuck that while he may have wanted his lawyers to ask certain questions, that is not their job. Instead, the judge explained, lawyers are tasked with asking relevant, proper questions that relate to issues before the court, and must use their judgment to ask questions that fit with their overall trial strategy.

Unhappy with the new application delaying the voir dire decision, Crown prosecutor Carla Dewar said she was “dismayed” by the timing.

She said the Crown’s position is that the questions Fertuck wants to ask were already covered during the voir dire. In the case of Larocque, Dewar said she has dementia and had previously expressed concerns about testifying in person.

Dewar expressed frustration with the length of the trial, which will reach two years in September. She also noted the application could lead to a rebuttal by the Crown.

While sympathetic to the concerns about the lengthy proceedings, Danyliuk said there should be “no discounts, no detours on the route to justice.

“This trial has been extended for a very long time. It may be extended again,” Danyliuk said.

Fertuck told Danyliuk he feels that the proceedings have been unfair.

“I’m an innocent victim here who’s been locked away … for 1,403 days … all on account of an RCMP officer planting false evidence. I don’t believe that’s fair,” Fertuck told Danyliuk.

The judge told him that was his position, but not evidence.

“Apply for bail and I will rule on it,” Danyliuk continued. “It’s up to you what you put before this court.”

Danyliuk reserved his decision on Fertuck’s application but said he would release it as soon as possible, likely in about two weeks.

Should he decide in favour of the defence, Danyliuk said a date will be selected to have the two witnesses recalled to the stand and a potential Crown rebuttal would be discussed.

Danyliuk noted that he appreciates how the extended and fractured nature of this trial has been difficult for Fertuck, Crown counsel and families monitoring the proceedings.