Start of Humby trial remains in limbo as defence seeks more information
CBC
Metal shackles rattled as Tony Humby shuffled through a hallway at provincial court in St. John's on Wednesday, passing a group of people set to testify against him.
Humby went inside the courtroom. The witnesses waited outside.
And that's where they stayed, as the trial that was scheduled to begin 16 days ago was pushed back at least one more day.
"We are here. We have been ready," said Crown prosecutor Deidre Badcock during proceedings in the morning. "And a delay here? Delay is the enemy of justice."
The latest holdup stems from a pair of defence applications filed Wednesday morning, in which lawyer Mark Gruchy is asking for the Crown to turn over more information.
Gruchy believes those records could be exculpatory for his client, while the Crown argues it won't change a thing. Badcock filed her own application, asking for both of Gruchy's to be dismissed.
Gruchy defended his applications.
"All I can say is, as defence counsel, we have an obligation, too, and here we are," Gruchy said. "It doesn't have to destroy the entire process at this point."
It's hard to describe the issues at the root of the dispute, since it relates to information that was accidentally disclosed to the defence at the end of February.
Badcock argues the information should remain confidential, and Gruchy says lawyers should take their arguments behind closed doors to figure out what happens next.
Gruchy came into possession of a document related to one of the complainants in the case, which contained a police officer's summary of a social worker's notes.
In the second application, Gruchy is asking for a police file related to a break-in at Humby's residence shortly after his arrest in April 2023. That was after his arrest, but before police got search warrants and secured the property.
Judge Rolf Pritchard will make a decision Thursday morning on whether or not to dismiss Gruchy's applications.
If that's the route he takes, the trial can begin right away.
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