The trial for two men charged in a major Kelowna drug bust started Monday, but for one of them, it could end before any police evidence is heard.
Sheldon Durno Harris and Tyson Nicholas Still are each charged with five counts of possessing illegal drugs for the purpose of trafficking.
In October 2014, police raided Harris’ Crawford Road home, seizing heroin, cocaine, methamphetamine, ecstasy and hashish that RCMP said had a street value of more than $600,000.
Officers also seized almost $19,000, about 500 rounds of ammunition, body armour and six vehicles.
The trial began with an application by Harris to have his charges tossed out because of unreasonable delay.
The application is based on last summer’s Jordan decision by the Supreme Court of Canada that ruled trials in provincial superior courts should be heard within 30 months.
The judge in the Kelowna case has to determine when the clock starts ticking. Is it when the accused is first arrested and released on conditions, similar to being on bail?
Or is it when the charges are later laid? If it’s the former, Harris’ trial is about one month over the 30 month deadline so the charges might be dismissed.
If it’s the latter, the trial is about one month under that crucial cutoff and it will proceed. The judge hands down her decision Tuesday morning.
Tyson Still is not involved in the unreasonable delay application. Outside the courtroom, Still said he was just in the wrong place at the wrong time hanging out with the wrong crowd.
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