Update: Just Returned From Trial, Officer Didn't Show, Adjournment Granted

[danw]

Hey guys,

Earlier I posted earlier about a trial I was attending today.

The officer didn't show and the Crown requested and was granted an adjournment due to the weather. I objected the adjournment of course.

My question is:

The original ticket was issued in April 2011. The new trial date is June 2012. Should I file for an 11b? What are the chances of it being granted?

Also: I have pretty compelling evidence to get the defendant off the charge (I'm not the one on trial, just representing). Should I speak with a prosecutor before, show them the evidence and try to get them to throw the ticket out? Is this how the system works?

[OpenGambit]

You are always free to talk to the prosecutor, call him on the phone, send him a letter, whatever.
But in the usual sequence of things you are a bit late to get the ticket thrown out by the prosectuor, usually you do that kind of thing at a first appearance way before your trial. That doesn't mean you can't try.
That being said, its pretty fun to go to court, and if you actually have a substantive defense, I would do it just for the experience.

I would definately ask for an 11b at that time frame. the method for doing so have been well documented here. I consider the chance of it being granted as pretty high at 14 months ( assuming you did not contribute to that delay)

[danw]

Thanks for the reply Gambit. I'll definitely be filing for that 11b then, especially since the delay of 14 months had nothing to do with me at that point.

Another issue that I'll have is that I won't be in Canada during the month of the trial, June 2012. Is it possible to ask for an adjournment beforehand if the agent (myself), won't be able to represent the defendant since I won't be in the country?

[OpenGambit]

yeah ask, make sure you bring up that the Crown got one when you do. I think you can do that by a letter but I am not 100 % sure how that works in traffic, as I dealt with federal court procedure.

Just call the Court and ask. the clerks are usually pretty helpful.

[danw]

Ok thanks again. Hopefully it won't come down to it on the basis that the 11b works!

[OpenGambit]

11b is requested at trial so you kinda gotta be there.
you are gonna need an adjourment in order to show up and ask for it.

(i would give the prosecutor a call) and tell him at 14 months you think its an unreasonable delay, its possible he might just drop it.

But as i said above. I would definately take the opportunity to go to trial. learning about examination in chief/ cross examination and introducing exhibts is a pretty good skill to have.