KAWARTHA LAKES- A man accused of killing his father and setting the house on fire is still awaiting a bail hearing.
Gregory Livingstone has made at least six court appearances in Lindsay since being charged and still has not had a bail hearing nor has any progress been made on the case in court.
The 45 year old is facing charges of First Degree Murder and Arson after a fire on December 9th in Fenelon Falls.
Police and Fire crews were called to the scene on Oak Street around 9:30 p.m. The home was engulfed in flames by the time firefighters arrived on scene. Police say they found the body of 75 year old John Livingstone in the burned out home.
The accused has a lawyer and they have been attempting to set a bail hearing but there’s some confusion about whether the case should be in Provincial or Superior Court. It’s unclear what other issues could be causing the delay.
The Ministry of the Attorney General told Kawartha 411 there are a number of reasons for delays in the courts. “With any criminal prosecution, there are a number of steps that must be taken before the case is ready to proceed to trial. At the bail stage, there may a variety of reasons as to why additional appearances are required. For example, adjournments may be requested by the defence to prepare for a bail hearing (including making arrangements to retain private counsel or special duty counsel, preparing a release plan, availability of sureties, requests for disclosure at the bail stage etc.), the Crown may also request an adjournment for various reasons (including anticipated further charges to be laid or an ongoing police investigation, preparation of the evidence for a contested bail hearing etc.), time required to prepare other forms of release plans (e.g. mental health releases, bail program releases, release plans for Indigenous accused, etc.), and/or remands for fitness assessments.” said Brian Gray, Media Spokesperson, Ministry of the Attorney General.
In Oshawa, another case is stirring controversy with long delays. Shannon Dionne the mother of slain teenager Rori Hache is angry after the man charged in the case told the court for the third week in a row he hasn’t hired a lawyer. He asked for and received another weeklong adjournment. Adam Strong has been in custody since late December.
18 year old Rori Hache disappeared in August 2017. Her torso was discovered a new weeks later in the waters of Oshawa Harbour. Although police have declared her death a homicide no murder charge has been laid.
The Ministry says delays to obtain counsel are acceptable. “Beyond the bail stage, there may be numerous reasons for differences in the length of time an individual case proceeds through the court system to its conclusion. Â This may include the time required for the accused to retain counsel, for the Crown to review and provide the case disclosure, or for other court processes to be held such as judicial pre-trials or pre-trial motions.”
The Supreme Court of Canada has set new rules for an accused’s right to be tried within a reasonable time frame in 2016. Superior Court cases now have up to 30 months to be completed, from the time the charge is laid to the end of a trial. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.
Any delays beyond these time frames are “presumptively unreasonable” and violate the accused’s charter right to be tried within a reasonable time and the charges could be tossed out.
There have been 46 cases thrown out due to court delays in Ontario from July 9 to Dec. 31, 2016, according to statistics obtained by CBC through a freedom of information request.
“In all cases, the Crown makes every effort to proceed with a criminal prosecution as expeditiously and fairly as possible. Further, the Government of Ontario recognizes the devastating impact that stayed cases can have on victims, families, witnesses and communities. The right to be tried within a reasonable time is a fundamental part of our justice system.” Gray says.
He says the province has implemented a $25 million a year plan to improve the performance of Ontario’s criminal justice system by appointing more judges, hiring more crowns and court staff, providing more funding for Legal Aid counsel and in community supports our plan is reducing delays.
