East Van Ray
04-29-2016, 07:42 AM
http://www.kamloopsthisweek.com/accused-in-poaching-case-cite-delay-by-crown/
A First Nations couple who claimed they are being “persecuted for being Indian” after being charged with poaching offences have asked a judge to throw out their charges because of excessive delay caused by the Crown.
Jay Coutts and Farrah Palmer are facing one count each of trafficking in wildlife.
Coutts is charged with an additional count of hunting during prohibited hours.
At previous court appearances, the pair said they intended to fight the charges on the grounds they violate their rights as natives.
In an interview outside court following an earlier appearance, Coutts told KTW he made a living selling meat — something he believes he has the right to do.
They were charged in June 2014 and had their first court appearance later that month. After a number of pre-trial hearings, a trial date was set for Sept. 24, 2015.
Coutts and Palmer were not represented by a lawyer.
They showed up for trial intending to represent themselves and were handed last-minute disclosure from the Crown.
Defence lawyer Greg Thompson, who was retained by the couple to make a constitutional argument based on delay, appeared in Kamloops Law Courts yesterday.
“On Sept. 24, the trial was set to be heard,” he said. “The accused were acting as self-represented litigants. They were handed two binders of 146 pages of Crown disclosure. This was the day of the trial.”
The trial was adjourned and Coutts and Palmer retained a lawyer.
Of the 22 months that have passed since the charges were laid, Thompson said, 18 months and two weeks of those delays fall at the hands of the Crown and institutional delay.
Thompson asked that the charges be thrown out.
The Crown case against Coutts and Palmer has been described in court as a straightforward one. Conservation officers went undercover and caught the couple selling meat, the Crown alleges.
Crown prosecutor Monica Fras told Kamloops provincial court Judge Roy Dickey that some of the 18 months of delay are the fault of Coutts and Palmer.
Fras said a four-month delay in late 2014 and early 2015 was caused by the accused.
In that case, a judge adjourned the matter to allow Coutts and Palmer to seek legal advice.
Dickey will deliver his decision at a later date.
A First Nations couple who claimed they are being “persecuted for being Indian” after being charged with poaching offences have asked a judge to throw out their charges because of excessive delay caused by the Crown.
Jay Coutts and Farrah Palmer are facing one count each of trafficking in wildlife.
Coutts is charged with an additional count of hunting during prohibited hours.
At previous court appearances, the pair said they intended to fight the charges on the grounds they violate their rights as natives.
In an interview outside court following an earlier appearance, Coutts told KTW he made a living selling meat — something he believes he has the right to do.
They were charged in June 2014 and had their first court appearance later that month. After a number of pre-trial hearings, a trial date was set for Sept. 24, 2015.
Coutts and Palmer were not represented by a lawyer.
They showed up for trial intending to represent themselves and were handed last-minute disclosure from the Crown.
Defence lawyer Greg Thompson, who was retained by the couple to make a constitutional argument based on delay, appeared in Kamloops Law Courts yesterday.
“On Sept. 24, the trial was set to be heard,” he said. “The accused were acting as self-represented litigants. They were handed two binders of 146 pages of Crown disclosure. This was the day of the trial.”
The trial was adjourned and Coutts and Palmer retained a lawyer.
Of the 22 months that have passed since the charges were laid, Thompson said, 18 months and two weeks of those delays fall at the hands of the Crown and institutional delay.
Thompson asked that the charges be thrown out.
The Crown case against Coutts and Palmer has been described in court as a straightforward one. Conservation officers went undercover and caught the couple selling meat, the Crown alleges.
Crown prosecutor Monica Fras told Kamloops provincial court Judge Roy Dickey that some of the 18 months of delay are the fault of Coutts and Palmer.
Fras said a four-month delay in late 2014 and early 2015 was caused by the accused.
In that case, a judge adjourned the matter to allow Coutts and Palmer to seek legal advice.
Dickey will deliver his decision at a later date.