Hit-and-run trial paused for disclosure arguments
Advertisement
Read this article for free:
or
Already have an account? Log in here »
We need your support!
Local journalism needs your support!
As we navigate through unprecedented times, our journalists are working harder than ever to bring you the latest local updates to keep you safe and informed.
Now, more than ever, we need your support.
Starting at $15.99 plus taxes every four weeks you can access your Brandon Sun online and full access to all content as it appears on our website.
Subscribe Nowor call circulation directly at (204) 727-0527.
Your pledge helps to ensure we provide the news that matters most to your community!
To continue reading, please subscribe:
Add Brandon Sun access to your Free Press subscription for only an additional
$1 for the first 4 weeks*
*Your next subscription payment will increase by $1.00 and you will be charged $20.00 plus GST for four weeks. After four weeks, your payment will increase to $24.00 plus GST every four weeks.
Read unlimited articles for free today:
or
Already have an account? Log in here »
Hey there, time traveller!
This article was published 19/04/2024 (712 days ago), so information in it may no longer be current.
A trial in the hit-and-run death of an 81-year-old Brandon man in 2022 has been paused after the lawyer for the accused suggested the Crown did not provide the defence with full disclosure of the evidence.
Kenneth Austin, 69, previously pleaded not guilty to failure to stop after an accident resulting in death. He is also facing a Highway Traffic Act charge of careless driving causing death. The victim was hit by a truck on the crosswalk near Shoppers Mall on Oct. 4, 2022.
On Wednesday in provincial court, the Crown called seven witnesses, including two police officers. The hearing was adjourned after one of the officers said during his testimony that he had subsequent interactions with Austin after the Oct. 4 incident.
When the trial resumed yesterday, Austin’s defence lawyer, Andrew Synyshyn, asked for a further adjournment to bring an application before the judge that argues that all of the required disclosure has not been made by the Crown to defence.
The Supreme Court of Canada has ruled that the Crown has a legal duty to disclose all relevant information to the defence, as the accused in a criminal case has a constitutional right to full and complete disclosure of the Crown’s case.
Synyshyn told the court that he would be seeking police cruiser footage, surveillance footage and statements of people, including medical personnel, who were involved in two interactions with Austin a few weeks after the fatal collision.
The defence lawyer argued that he needed more information as the two interactions with Austin were relevant to his client’s state of mind.
“This is not simply just guesswork, this is considering a thoughtful defence,” he said.
The Crown argued that the information about the two incidents wasn’t relevant to whether Austin left the scene of an accident that resulted in the death of the man who was struck. Crown attorney Kaley Tschetter said the prosecution only found out about the two incidents during the preparation of their witnesses and argued that Austin could have told his lawyer about the subsequent incidents.
“We’re in a position where the Crown is of the viewpoint that this matter needs to be proceeding and moving forward, and it’s just further pushing off the inevitable that is continuing this trial,” Tschetter said, adding that “the Crown has been forthright in all of its disclosure obligations.”
Judge Patrick Sullivan said the Crown was not negligent in not providing the disclosure earlier, and also noted that Austin had the ability to raise those incidents in a conversation with his lawyer.
Ultimately, the judge decided to grant the adjournment. The matter will return to the court on May 7, when a date for the judge to hear arguments in the application will be decided.
» gmortfield@brandonsun.com
» X: @geena_mortfield