Accused gang leader Nick Chan freed over delayed trial

Alleged gang leader Nick Chan has beenfreed again after facing murder charges, this time because aCalgary judge issued a staybecause the trial did not take place within a reasonable time.

It is the third time in two years that the 40-year-old Calgarian has beaten organized crime-related charges.

Chan,who hadbeen in custody since his arrest in July 2013, was released on bail on Monday after the judge ruled the prosecution's star witness would not be allowed to testify.

• Chan acquitted on weapons charges
• 'Failing everyone': 204 cases tossed over delays since Jordan decision

Crown prosecutors then asked for a directed verdict but, in a surprise move on Tuesday,Justice Paul Jeffrey stayed on all charges, based on the Supreme Court's Jordan decision andChan's right to be tried within a reasonable time.

A publication ban was in effect until after the jury was excusedon Tuesday.

Chan is now free, with no conditions on his release.

"Mr. Chan is grateful for the fairness the court has shown to him throughout these proceedings,"said his lawyer, AndreaSerink.

"It is very difficult to be accused of such serious crimes and have to defend yourself when you are held as a pretrial inmate, especially at the Calgary Remand Centre."

Prosecutors Steven Johnston and RyanPersadhave not said if they will seek an appeal.

"We did not know that this rulingwas going to be coming this morning, so we were somewhat surprised," said Johnston.

"Untilwe have reasons, we're in a bit of avacuumfor our decision-making process."

Thewitness who could not testifywas granted partial immunity in exchange for evidence. The witness's identity is protected by a publication ban.

Bloody gang war

Chan, said to be the leader of the Fresh Off the Boat (FOB) gang,was charged withfirst-degree murder for allegedly being behind the death ofKevinAnaya, who was linked to the rivalFresh off the Boat Killers (FK).

According to testimony at previous trials,Chan would payFOB members up to $10,000 for successful hitson FK gangsters during the city's bloody 2002-09 gang war, during which 25 people were killed.

Amassive police investigation dubbed OperationDesinoended in July 2013 withmultiple suspects, including Chan, facingnumerous murder charges.

Several were granted immunity or partial immunity deals in exchange for their testimony.

• Criminal courts scramble to meet Supreme Court's new trial timelines

In March2016, ajury foundChan not guiltyof first-degree murderfor a triple killing at Calgary's Bolsa Restaurant in 2009. In December, he was acquitted of several weapons-related charges following a trial.

The Calgary police withheld comment on Tuesday's development, pending arrival of the judge's written decision.

Chan had also faced a charge of conspiracy to commit murder and of directing a criminal organization.