Physician's Wildlife Act trial delayed to December
Frozen meat has delayed a three-day trial involving Watson Lake's long-time physician. The trial had been set to begin in territorial court yesterday.
Frozen meat has delayed a three-day trial involving Watson Lake's long-time physician. The trial had been set to begin in territorial court yesterday.
The trial for Said Secerbegovic, who is charged under the territorial Wildlife Act with wasting meat, was rescheduled for Dec. 11 by visiting Judge Dennis Overend. That happened after defence lawyer Ed Horembala put forward the application for the change.
Horembala said he will need to have the meat involved thawed when he cross-examines Crown witnesses.
He acknowledged Crown prosecutor Lee Kirkpatrick had asked him late last week whether he would require the meat to be thawed for cross-examination.
'I didn't have an answer because I didn't have instructions,' Horembala said later when he continued to be questioned by Overend on the issue.
Horembala also added he is willing to take the blame on the matter.
As an experienced lawyer, the judge suggested, Horembala should have expected the issue would come up.
Overend suggested the trial begin Wednesday with the testimony of witnesses not directly involved with the meat itself, then continue tomorrow after the meat was thawed. Kirkpatrick argued that could interrupt the flow of the case.
Both the Crown and defence spoke out against the judge's suggestion the trial start tomorrow after the meat is thawed and continue in December when he is back in the territory.
Horembala noted his client would need advance notice as to trial dates because Secerbegovic is moving to Manitoba. He plans to travel between the two regions over the next couple of years as he slowly ends his practice in Watson Lake.
The Crown and defence agreed their cases could be ready and witnesses available for the week of Dec. 11. However, the judge continued to be reluctant to adjourn it that long after three days of court time had been booked and with the charges dating back nearly a year to last September.
Overend suggested the trial begin tomorrow when the meat was thawed to get the proceeding started, then continue on the December dates.
The Crown and defence disagreed, with Horembala arguing that would mean ordering transcripts of Friday's potential portion of the trial when they come back nearly four months later.
'It just compounds the problem of meat wastage,' Kirkpatrick told the judge of his proposal.
The meat from such cases is normally given to the community or back to the owner following the trial. If it were to be thawed for tomorrow then frozen again for the continuation of the trial in December, it wouldn't be edible, she explained.
It was then that Overend sighed and adjourned the trial to Dec. 11.
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