Judge rejects delay argument in extradition of accused B.C. killer

A B.C. Supreme Court judge has signed an extradition order for a Vancouver man accused of killing a California widow nearly three decades ago after rejecting his application to stay the proceedings because of delay.

Justice Jennifer Duncan decided last month that Anthony Michael Kubicashould be sent to the United States to face trial. But she held off signing a formal committal order before considering his request for a stay.

The victim of the alleged crime, 78-year-old Marie Darling, was bludgeoned to death in Palm Springs in 1990.

Her body was found dumped in the desert.

Should Jordan rules apply?

A publication ban prevents the reporting of evidence heard at the extradition hearing.

California authorities didn't file a felony murder charge against Kubicauntil 2014. And the request for his extradition wasn't made until 2017.

Kubica's lawyer argued that two significant periods of delay in the case amounted to an abuse of process: the length of time it took to lay the charge and the length of time between the laying of the charge and the request for extradition.

He pointed to agroundbreaking Supreme Court of Canada ruling in 2016 meant to curb delays in the justice system which threaten an accused's Charter right to be tried within a reasonable period of time.

The so-called Jordan decision set up a new framework to deal with unacceptable delay: no longer than 18 months in provincial court and 30 months in Superior Court.

But Duncan found that Canadian standards of delay should not be applied to extradition cases, which involve diplomatic proceedings between countries before they ever reach domestic courts.

Duncan said to superimpose Jordan on an extradition case would be "unprecedented."

She also said there was nothing in the facts of his situation which would lead to the conclusion that fairness had been compromised in the case and certainly nonethat would warrant a drastic action like a stay of proceedings.

Kubicanow has 30 days to appeal.