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Another delay in 'Gunship' trial

Jessica Gray
Northern News Services

Yellowknife (July 21/06) - Preliminary hearings for three men charged in the Project Gunship drug bust last October will now be held in December.

Philip Edward Mullens and Leonard Haynes were in court Tuesday to confirm they had counsel.

But when Judge Bernadette Schmaltz asked the men whether they had lawyers for preliminary hearings set to begin Aug. 8, neither could answer definitively.

"I can start looking for a job at the end of the month," said Mullens, who lives in Edmonton.

Mullens said he didn't have enough money for a lawyer yet because he is participating in a 90-day program for drugs and alcohol. Haynes said his lawyer is on vacation.

"I haven't even met him yet," said Haynes.

With no firm word on lawyers and the preliminary hearing date just four weeks away, Schmaltz said they will have to be delayed until December.

"At the next date, a preliminary hearing will begin and finish whether or not you have counsel, is that clear?" said Schmaltz.

The third person scheduled to be in court was Larry Mak, who did not appear. Mak was represented by an agent for his Edmonton lawyer, Harold Brubaker.

Brubaker's agent, Margo Nightingale, said Mak was requesting to be tried in the Supreme Court of the NWT in front of a judge and jury.

Nightingale said Mak also wanted a preliminary inquiry to happen before the trial.

Though unhappy with the delay - due to the Brubaker's schedule and the contested length of the preliminary inquiry - Schmaltz set the preliminary inquiries for all three beginning Dec. 4. It's scheduled to last two weeks.

All three men are charged with several drug offenses including possession of cocaine and marijuana for the purpose of trafficking. Mullens also faces weapons charges.