‘Astounded’: Judge reluctantly agrees to extend manslaughter trial in death of Edmonton student

April 12, 2024 Canuck

A judge told lawyers Friday she was “astounded” that they needed more time to wrap up evidence in a manslaughter case involving one of seven youth accused in the death of a high school student.

After hearing two weeks of evidence, Court King’s Bench Justice Gillian Marriott agreed to adjourn a trial for one of the accused in the 2022 stabbing death of an Edmonton high school student.

The name of the victim and the high school he attended are protected by a court-ordered publication ban, as are the names of the accused who were all under the age of 18 at the time of their arrests.

Crown prosecutors wrapped up their evidence on Wednesday, but an application filed by defence lawyer Brian Beresh to compel prosecutors to furnish “particulars” about what his client was being accused of ended up consuming the rest of the week.

Beresh’s client was 15 on April 8, 2022, when the Grade 10 student was fatally stabbed. During the Crown’s evidence, court heard evidence that the victim was pursued and attacked by a group of other teen boys.

Beresh argued that his client’s legal position was unclear — citing an email from the Crown sent mid-trial that he said raised questions about whether his client was being accused of being part of the group assault or if prosecutors planned to argue he was one of the principal actors in causing the death.

After Marriott found that the Crown’s position was clear and rejected the application, Beresh told her he needed time to consider how to proceed with evidence.

Though it’s not uncommon for extra days to be scheduled for criminal trials that take longer than expected, Marriott at first told Beresh he would have one hour to prepare and start calling evidence.

“That is not a fair request,” Beresh said, adding that she’d only just delivered her decision and that he needed time to consider it.

“I think I am entitled to think about your decision,” Beresh said

Marriott told him that she’d “made it clear” from the beginning of the trial that she expected to hear final arguments by Friday, and that as senior counsel he should have been prepared to proceed.

“We have spent two-and-a-half days dealing with an argument where you’ve alleged a change in position which ultimately did not exist,” the judge retorted.

A woman's hands hold a bag. — The cousin of a 16-year-old Edmonton boy killed in 2022 says it’s been difficult to be in the courtroom with one of the young people charged in his death. (Travis McEwan/CBC)

Crown prosecutor Jeff Rudiak echoed Beresh’s request for more time — telling court he needed time to prepare to respond to any evidence the defence might call.

Marriott ultimately agreed to the adjournment, noting twice that she was “astounded” by the request.

Further dates to finish the trial are expected to be scheduled next week.

Members of the victim’s family said it is frustrating that the trial wasn’t concluded Friday.

“We’re disheartened. We are now back in that lingering phase of what if and what now, and I don’t know how much longer we’ll be here,” said one of the boy’s cousins who flew in from out of province in anticipation of a decision.

Two of the seven accused have pleaded guilty in the case

On April 2, one of the other suspects charged in the 16-year-old’s death pleaded guilty to manslaughter. Court heard the accused in that case did not hit or stab the victim.

Last year, a woman who was 17 at the time of the attack pleaded guilty to accessory after the fact to an assault with a weapon. She was sentenced to one year of probation.

One of the accused, who was 14 at the time of the attack, will go to trial on a charge of second-degree murder in September. The remaining three youths will go to trial together for manslaughter in November.

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