Judge refuses to stay prom night murder charges over court delays

An Ottawa judge refused to stay murder charges against DevontayHackett, despite the fact his trial took longer to complete than the deadlines set out in a recent Supreme Court ruling.

Hackett, 21, was found guilty Fridayof second-degree murder in thefatalstabbing of 18-year-old Brandon Volpioutside an after-prom party ata downtown Ottawa hotel in June 2014.

His defence team had filed an application based on a Supreme Court decision last year that requiredaccused people be tried within a reasonable frame of time, arguing that the 32-month delay in bringing Hackett'scase to trial violated Canada'sCharter of Rights and Freedoms.

Under what's come to be known as the Jordan decision, Superior Court cases like the Hackett murder trial now have to be completed within 30 months fromwhen the charges are laid to the completionof the trial.

• Ottawa victims fear more criminal cases could be thrown out over court delays

Delay 'marginally in excess'

Justice Charles Hacklandrejected that argument on the first day of the trial, during a hearing without the jury present meaning that it couldn't be reported on until the trial was over.

According to his written ruling, Hacklandcalled the delays in the Hackett trial only "marginally in excess."

"To not permit a trial of this serious charge on the meritswould bring the administration of justice into disrepute," wrote Hackland.

The judge said that there has been "good collaborative cooperation between counsel in moving this case along." He also refused to consider a one-month delay caused by Hackettbeing on the lam even though he knew police had issued an arrest warrant.

"The accused remained a fugitive, knowing he was being sought by the police, for a one month period until his arrest," wrote Hackland. "This is a classic example of defence delay and I will count it as such."

Other charges stayed in Ottawa

TheHackettdecision comes after charges against several people have been stayed in Ottawa due to lengthy trial delays.

The parentsof murder victimFouadNayelprotested outside the Ottawa courthouse in November after a judge stayed a first-degree murder charge against AdamPicard,the man accused of killing their son.

The victim's mother, NicoleNayel, called the Ontario Superior Court ruling a betrayal, saying the justice system had failed her family. Crown lawyers have decided to appeal theruling.

In January, another judge stayed charges against a 15-year-oldboy accused of sexual offences involving a three-year-old at his mother's in-home daycare because ofunreasonable delays.

It's one of thefirst cases in Ottawa that didn't concern a murder charge where the defence argued that the new deadlinesmeanttheir client's constitutional rights to a speedy trial had beenviolated.

Victims ofattempted homicides and sexual assaults now worry that more criminal cases, including their own, could be thrown out because of trial delays, according toOttawa Victim Services.