Accused loses his right to trial by judge and jury
A 38-year-old Dawson City resident has lost his right to have a trial by judge and jury.
A 38-year-old Dawson City resident has lost his right to have a trial by judge and jury.
Mark McDiarmid was scheduled to appear in court last Saturday to support his application for a jury trial – but failed to show up.
McDiarmid’s trial was scheduled to go before a judge and jury last Oct. 31, but he also failed to show up on the day of the trial.
The jury was released and McDiarmid automatically forfeited his automatic right to a jury trial, as set out in the Criminal Code of Canada.
The court was told medical issues prevented him from attending his trial, according to court records.
He filed an application with the court to have his right to a jury trial reinstated.
When McDiarmid failed to appear last Saturday to speak to the application, the judge ordered the trial to commence Feb. 20 by judge alone.
McDiarmid is facing charges of assaulting and threatening a local lawyer, who had been appointed by the court to assist him with other matters.
He is also charged with assaulting a police officer and resisting arrest.
Comments (3)
Up 0 Down 0
June Jackson on Feb 1, 2017 at 9:52 pm
I don't understand why he didn't just come back, take his slap on the wrist like a man, get his subsidies and rehabilitation money and let the judge get on with ..well..whatever judges get on with..
Up 10 Down 0
jc on Jan 27, 2017 at 5:24 pm
You really have to ask that westorfbelfast?
Up 18 Down 3
westofbelfast on Jan 27, 2017 at 12:30 pm
OK...I'll ask. Why is this violent offender not in jail?