Mother reacts after man’s child molestation charges dropped after excessive delays | 24CA News

A Nova Scotia man accused of sexual offences towards two youngsters has had his fees stayed as a result of extreme delays in proceedings, prompting the youngsters’s mom to name the method “an abhorrent waiting game.”

While the trial wrapped up in Dartmouth provincial court docket in October 2021, a verdict was by no means handed down as a result of the unique trial choose went on a go away of absence.

“You get to a stage where a victim has done the right thing. They have come forward. They have entrusted the police. They have entrusted the court and the court does not hold true and do their job,” the youngsters’s mom mentioned.

“There was no urgency brought to this case, and there should have been.”

Global News is defending the individual’s id as a result of a publication ban.

In a call launched Monday, Judge Bronwyn Duffy mentioned she was “wholly satisfied” the Crown did what they may to prioritize the case and that the defence “cannot be faulted,” however that there was “no easy answer to this quandary.”

Brandon William McNeil, 29, had pleaded not responsible to 2 counts every of sexual exploitation, sexual interference and sexual assault. It was alleged the incidents occurred between Feb. 11 and 27, 2021, when the youngsters have been ages six and 9.

A trial was held in Nova Scotia Provincial Court in July, August and September of that 12 months. A choice date was set for Nov. 25, 2021, however the unique trial choose, Rickola Brinton, went on go away.

Several different court docket dates got here and went, and it remained unclear when and if the trial choose would return. In April 2022, the Court mentioned the trial choose was away for “medical reasons.”

On a May 31, 2022, court docket look, each the Crown and defence indicated they wished to stop a retrial.

“The proposal was in effect to reserve trial dates, but not to declare a mistrial per se, so that if the trial judge returned in the intervening period, a decision could be rendered,” wrote Duffy.

“Further, the suggestion was to fix a status date, and if the judge has not returned at that time, there would be a mistrial – or a recommencement of proceedings – per 669.2 CC.”

A mistrial was lastly declared in February 2023.

While retrial dates have been set, McNeil utilized to have the fees stayed because of the delay, which Duffy authorized.

“The reality of the question is at what point should the decision have been made to replace the judge and recommence the proceeding. With little to no information regarding return of the trial judge, it is a very difficult call to make,” wrote Duffy.

She went on to say that in hindsight, a mistrial ought to have been declared earlier.

“This is not a failing on the part of the prosecution. Nevertheless, were the accused individual to bear this delay at the expense of Charter-enshrined rights, the public at large is disadvantaged — deprived of timely trials that are important for victims, for accused, and for public confidence in the system — and consequently the administration of justice is diminished.”

‘No faith anymore’

The alleged victims’ mom mentioned your complete court docket course of was “drawn out and lengthy for everyone involved, especially the children,” who testified on the trial.

“One thing we maintained in saying when the (children) had come forward was, ‘You are so strong like a superhero.’ We let them know that coming forward is nothing to be ashamed of and extremely brave and then coming forward could potentially protect other victims,” she mentioned.

“I know as a family we have to accept the decision and do our best to move on, kind of keep our focus, making sure the children are OK and putting the terrible situation behind us. But I really can’t help but wonder how we got to where we are today.”

She’s calling on the province to repair the judicial system, and mentioned the delay was an issue that ought to have been “foreseeable.”

“The fact that there are so many laws to protect the accused and give them the right to a speedy trial, but it doesn’t seem like anyone ever thinks about the victims,” she mentioned.

“If the courts and the laws can’t protect you, who can? I think this is why so many people have no faith anymore.”

Backlog of instances, higher-than-normal retirement charge

There is at present a backlog of felony court docket instances within the province and a scarcity of judges.

During a State of the Nova Scotia Courts tackle final month, Pamela Williams, the chief choose of the provincial court docket, referred to as the backlog “significant.”

When totally staffed, there are 28 provincial court docket judges, however there are two vacancies and one choose is on long-term go away.

In a press release, Jennifer Stairs, the communications director for the Nova Scotia Judiciary, mentioned the total complement of 28 judges is a quantity that has not modified in a few years.

“Some judges who have retired choose to sit part-time and accept assignments at their discretion. But even with that support, it is difficult to meet the current demands of the Provincial Court,” she mentioned.

Seven judges have been appointed inside the previous 12 months, however there have been six retirements in the identical timeframe.

Justice Minister Brad Johns instructed reporters again in May that there was a “higher-than-normal” retirement charge.

“We’re anticipating some more appointments very soon, so we’re trying to keep the bench full as well as we can,” he mentioned.

In April, the Liberal opposition raised issues when 38-year-old Nathaniel Matheson had youngster pornography fees towards him stayed due to delays. In that occasion, a choose famous that a lot of the delay within the case was because of the lack of availability of a choose to listen to the trial.

The 2016 Supreme Court of Canada Jordan ruling declared defendants have the proper to be tried inside 18 months of being charged earlier than provincial courts.

Data from the province’s public prosecution service signifies there have been 71 purposes for stays beneath the Jordan guidelines since 2017.

As of March 20, 24 of the purposes had resulted in stays. A Jordan software is introduced by the defence if it believes the delay is attributable to the Crown.

— with a file from The Canadian Press