Crown won't require preliminary inquiry for Calgary man charged with killing his two children
The prosecution will let the defence decide whether to pursue a preliminary hearing, allowing the case to proceed directly toward trial.
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The Crown will not seek a preliminary inquiry in the case of a Calgary man charged with murdering his two children, a significant procedural step that allows the defence to control whether a hearing will test the evidence before trial.
At a court appearance on Wednesday, Crown prosecutor Carla MacPhail told Justice Lloyd Robertson that the decision on a preliminary inquiry would rest with defence counsel. Defence lawyer Heather Ferg, appearing on behalf of the accused, requested an adjournment to September 10 to allow trial counsel to review the Crown's most recent disclosure.
The accused, whose identity is protected by a publication ban due to the ages of the victims, faces two counts of first-degree murder in the deaths of his five-year-old son and three-year-old daughter. The children were found dead in a vehicle in the 4500 block of 14th Street N.W. on the morning of April 30; the charges allege they were killed the previous day.
MacPhail noted that disclosure is "quite large," with the defence having received materials in three rounds from the Crown. The adjournment was granted to allow Rice and his client to review the most recent documentation. The accused is currently in custody in Medicine Hat.
MacPhail indicated that at the next court appearance she will file a new charging information, changing the current allegation regarding where the deaths occurred. The next step in the case will be determined by the defence once they have reviewed all disclosure with their client.
When is the trial expected to begin, and will it proceed in Calgary or elsewhere?
What evidence has prompted the Crown's decision not to require a preliminary inquiry?
We'll update this story as answers emerge.
The facts
What charges does the Calgary man face?
The accused faces two counts of first-degree murder in the deaths of his five-year-old son and three-year-old daughter.
When were the children found?
The children were found dead in a vehicle in the 4500 block of 14th Street N.W. on the morning of April 30.
Who decides whether a preliminary inquiry will be held?
The defence will decide whether to pursue a preliminary inquiry, as Crown prosecutor Carla MacPhail indicated the Crown will not seek one.
