A last-minute development was announced Monday evening in a Saskatchewan court case just days before a trial verdict.
A letter written by Justice Richard Danyliuk to the Crown and defence said alleged killer Greg Fertuck wants to call more witnesses to the stand and apply for a mistrial, 11 days before his verdict in Saskatoon.
Fertuck is on trial for first degree murder following the disappearance of his ex-wife nearly 10 years ago. Her body has never been found. Fertuck confessed to her death in 2019 when speaking with undercover police who were posing as members of a crime group. During his trial, he told the judge multiple times that his statements were lies.
The evidence portion of his trial closed in February after almost four years before the court. Fertuck is being tried by judge alone.
On Monday, Justice Danyliuk said he received an email from Brent Little, who is helping Fertuck through his trial while he self-represents, saying Fertuck would like to call more witnesses to the stand and make an application for a mistrial.
“He has advised, on his own volitions, that he would like to address the Court as it relates to retaining his own firearm expert and making an application for a mistrial,” Little’s email stated.
Justice Danyliuk said the timing “could not be much worse,” noting this isn’t the first time Fertuck has had the opportunity to call additional witnesses.
“I am unclear as to why Mr. Fertuck’s previous request to call an expert witness made in late 2023, and for which I granted him a very lengthy adjournment, was not acted upon,” Danyliuk said. “When the defence called evidence, no firearms expert was called by Mr. Fertuck.”
Court requires that Fertuck bring forward a formal application with on the matters including grounds for reason and evidence. The Crown must also be given notice.
“Mr. Fertuck should know — because I have told him many, many times — that he cannot simply stand up and ask for something,” Danyliuk said, noting Fertuck admitted in court to feeling he received a fair trial.
Danyliuk said he will consider dealing with Fertuck’s latest request, but on a strict deadline.
Fertuck must file a full application with supporting affidavits by 4 p.m. Wednesday for his requests to be considered. The Crown will have until 4 p.m. Friday to file responses. If the appropriate material is filed by deadline, Danyliuk will hear the matter on Monday.
Any decision on the application will be made before the trial verdict is heard, which is still scheduled for June 14.
Danyliuk’s letter noted that Fertuck does not have a history of filing applications when it is suggested by the court.
“I have lost count of the number of times (Fertuck) has complained to me about how long he has spent on remand,” Danyliuk said. “Each and every time I advised Mr. Fertuck to bring an application for judicial interim release and I would hear that application, consider it, and render a decision.
“Rather than making such an application Mr. Fertuck did nothing, other than continue to complain.”
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