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IQALUIT
After 13 previous court appearances, a preliminary trial has yet to be set for one Iqaluit man accused of manslaughter.

In the Nunavut Court of Justice early this month, Justice Robert Kilpatrick warned Crown and defence lawyers the case of Alec Petooloosie was getting stale. He was charged exactly one year ago, on Jan. 28, 2012, in connection with the death of his uncle, 36-year-old Matthew Petooloosie. An ongoing RCMP investigation is now holding up the trial process as new leads in the case surface.

The delay in the case began with a second investigation after Petooloosie's defence lawyers, Glen Wilson and Christian Lyons, provided a package of information to Crown prosecutor Paul Bychok for review Aug. 31. Bychok said while there is nothing out of the ordinary about re-investigating an ongoing case, what is unusual is for the defence to do it themselves and hand it to Crown prosecutor.

"As part of that review we determined it would be appropriate for the RCMP to re-investigate the allegation in light of the information provided to us by defence," said Bychok, adding police reported back Sept. 25 and, upon review of that report, the Crown determined there were several other leads which should be pursued before responding to the defence. To make matters more difficult, police had difficulty tracking down two prospective witnesses for interviews.

Bychok did not reveal details of what warranted the new investigation.

"Generally, courts aren't allowed to discuss any matter that's before them."

Matthew Petooloosie, a local carver, was found dead in his 300-block apartment where he lived alone around 3 a.m. on Dec 12, 2011. RCMP have still not disclosed the cause of death or his final hours but said at the time they conducted an extensive three-day investigation utilizing several resources from both Nunavut and down south for support.

A preliminary trial typically determines whether or not enough evidence exists to proceed to trial, but Bychok explained there must exist a reasonable prospect of conviction at any and all points in a trial.

"(The) Crown has an ongoing duty and obligation continually to reassess all cases throughout the criminal justice process," Bychok said.

In some cases, a case can drag on and defence may refer to Section 11 (b) of the Charter of Rights and Freedoms, which states any person charged with an offence has the right to be tried within a reasonable time. The defence retains the right during a criminal prosecution to apply for a remedy should it feel its charter rights are being infringed.

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