Mistrial in Ndilo murder case
Key witness hospitalized; Crown says case to be retried with new jury
Shane Magee
Northern News Services
Wednesday, March 9, 2016
SOMBA K'E/YELLOWKNIFE
A mistrial was declared Tuesday morning on the second day of a murder trial because the Crown's key witness was unexpectedly hospitalized.
Crown prosecutor Alex Godfrey speaks to reporters after a mistrial was declared in a second degree
murder trial Tuesday. - Shane Magee/NNSL photo |
Justice Karan Shaner declared the mistrial and dismissed the jury after both the Crown prosecutor and defence lawyer for the woman charged with second degree murder agreed a mistrial was warranted.
A 19-year-old woman, who cannot be named because she was 17 at the time, is accused of stabbing Daniel Faine once in the chest in Ndilo on Sept. 14, 2013. He died that morning.
The trial began Monday with jury selection and testimony from an RCMP forensics investigator and two people who were at the house when the stabbing allegedly took place.
Crown prosecutor Alex Godfrey told the jury during his opening statement they would hear this week from a woman - who Yellowknifer is not naming - who would testify she heard the accused threatened to stab Faine if he didn't leave the house. Godfrey said this key witness would testify she saw the stabbing. The 19-year-old woman charged in the case has pleaded not guilty.
It was that witness who was hospitalized with a "serious issue," Godfrey told Shaner before the jury was dismissed.
"We will not be in a position to proceed" with the trial, he said.
The lawyer for the accused, Steven Fix, also said it would be best to declare a mistrial. The judge agreed and the jury was dismissed.
"One of our witnesses, one of the main witnesses in the trial unfortunately had an issue that she ended up having to be hospitalized for and she's not going to be available for court this week," Godfrey told reporters outside the courthouse.
"Because it's a jury trial, in the circumstances, we wouldn't be able to adjourn the matter to a later date because the jury can only sit for a certain length of time," he said.
"Because of that, there's really no option because she wouldn't have been available this week to testify."
Godfrey said he found out about the hospitalization yesterday morning prior to proceedings. He wouldn't elaborate on what happened.
"I'd prefer not to say anything about that," he said when asked if she was in danger or in some kind of accident. "It's very clear that she will not be available for court."
He said she is expected to be able to testify at a later date and said the witness isn't reluctant to testify.
Having her testify from the hospital wasn't an option, he said.
The case will be placed back on the court schedule and a new trial will be set once they've checked when witnesses are available. He suggested a new jury could be summoned to hear the case within months.
Fix, the defence lawyer, declined an interview after the mistrial was declared.
The woman accused remains free on court-imposed conditions that include not contacting the witnesses, keeping the peace and telling police if she changes her address.
