Lawyers were in court Monday arguing whether a grocery store robbery case known as “Operation Volcom” should be thrown out. A procedural delay over evidence has forced the case to be adjourned until Jan. 2018. The trial was scheduled to begin this month, however the crown failed to disclose evidence to the defence as required by law.
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Originally eight men were arrested in Feb. 2014 after a string of grocery store robberies three years ago. Four of the men settled their case, and the remaining four could have their cases thrown out if the judge agrees with the argument of their defence lawyers that it is taking too long for their cases to be heard.
One of the men, Hasson Wilson, believed to be the ring leader, has been in custody since the arrest.
The crown is arguing some of the disclosure is “relatively unimportant.”
Shamsher Kothari, the lawyer for one of the accused, disagrees.
“If we don’t get disclosure in a timely fashion, we can’t prepare for our trial. We simply are ambushed and it’s been a long-standing feature of common law that accused people don’t go to trial by surprise, and without disclosure how does one know that case against them?”
The stay application is being heard by Justice Bryan Mahoney.
Global News learned Monday afternoon a ruling on the stay application will be handed out next month.
With files from David Boushy