DIDSBURY – All charges have been stayed against a former secretary-treasurer of the Olds Search and Rescue Society (OSAR) in the middle of the man’s trial in Didsbury provincial court.
The accused faced two counts of theft over $5,000, two counts of fraud, and one count of using forged documents.
The charges related to alleged offences involving OSAR finances between Nov. 8, 2016 and Apr. 13, 2017, court heard.
The accused pleaded not guilty to all charges in August 2018 after the charges were laid in May 2018.
His trial got underway in January 2019 and was scheduled to continue until April 2020.
During the Feb. 12 trial date, Judge M. Desouza ruled that due to a number of adjournments granted during the trial, an unreasonable delay had occurred in the case and that a judicial stay was warranted.
The Crown requested and received adjournments in the case in January, May and August 2019 and in January 2020.
The adjournments related to the review and admissibility of documents, court heard.
The resulting 23 months between the charges being laid and the trial being scheduled to be completed exceeded the presumptive 18-month ceiling allowed for provincial court prosecutions.
“The delay was not reasonable,” the judge said. “The case took markedly longer than it should have and the delay was unreasonable.”
The judicial stay means all charges against Christopher Weatherald are withdrawn.
Unlike a stay granted at Crown request, which allows the Crown to re-file charges within one year, a judicial stay means the charges are thrown out completely, defence lawyer Roy Shellnut explained following court.
