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‘This matter will be resolved’: judge to accused

New date set in delayed gaybashing trial

The accused's third lawyer, Evi dos Santos, leaves court without his client on Sept 15. Credit: Nathaniel Christopher photo

The youth charged in an alleged 2009 gaybashing off Commercial Dr appeared before Provincial Court Judge Conni Bagnall on Sept 15 to set a date for another arraignment hearing.

The accused’s new lawyer, Evi dos Santos, making his first appearance in the case, informed the judge that he needed a week to discuss and assess the matter.

But Crown counsel Ann Seymour described the case as a “very old matter” that has already seen many delays.

A trial was initially scheduled for July 2010 but was delayed as a result of conflicting reports of the alleged offence, which took place on Dec 13, 2009. The youth initially pled guilty, then changed his plea to not guilty, fired his first lawyer and hired a second lawyer for a spring trial.

A March trial date had to be rescheduled as the youth’s then-lawyer was doubled-booked.

The trial was rescheduled to three days beginning Aug 22 but was put off again after the accused fired his second lawyer.

Bagnall informed dos Santos that the “matter will be resolved” and instructed the accused, who cannot be named under the Youth Criminal Justice Act, to schedule a date with the court’s judicial case manager.

“We’ve now obtained disclosure so resolution is possible,” dos Santos told the hearing.

The youth’s arraignment hearing is scheduled for Monday, Sept 19 at 1:30pm.