Intimate-images case moving too slowly - judge
Defence asks for more time to complete psychiatric exam of Zachary Delamont, 28
A judge expressed concern Wednesday about delays in a prosecution of a former Base Gagetown soldier accused of disseminating compromising photos and video of another person.
Zachary Delamont, 28, of Nova Scotia, was charged by military police last summer in Fredericton provincial court with knowingly transmitting intimate images and video of a female complainant between Feb. 15 and March 19, 2021.
The defendant previously elected to be tried in provincial court and pleaded not guilty.
The case was back in court Wednesday before Judge Anne Dugas-Horsman.
Delamont wasn’t present, but Nova Scotia lawyer Christa Thompson appeared by telephone to act as an agent for the defendant’s legal counsel, Ian Hutchinson.
The proceeding was set to schedule Delamont’s trial date, but the defence asked for another adjournment.
“There is an expert report that’s underway,” Thompson said, asking for a further adjournment to next month so it can be completed.
Thompson indicated it was a psychiatric assessment, though she didn’t indicate what kind or its purpose.
Prosecutor Rebekah Logan said another adjournment was acceptable to the Crown as long as the delay is attributed to the defence.
But Dugas-Horsman was clearly concerned about the timeline in the case, taking note of the numerous adjournments to date.
“I will note for the record that this has been in front of the court for a year now,” she said.
In a milestone precedent, the Supreme Court of Canada, in R. v Jordan, established that if a criminal case in provincial court doesn’t reach its conclusion within 18 months, it amounted to a violation to a defendant’s right to a speedy trial under the Canadian Charter of Rights and Freedoms.
But it also noted that 18-month timeline, in general, doesn’t include delays attributable to the defence.
Dugas-Horsman said despite that caveat, there’s still a public interest and need to ensure matters get to trial.
“This is clearly a defence request,” Thompson said, indicating the defence wouldn’t be making a Jordan application in light of its request for an adjournment.
The judge set the matter over to Sept. 20 to set a trial date.
Don MacPherson can be contacted at ftonindependent@gmail.com.