Justice Allan Betton has determined that the trial for three men accused of killing Jonathan Bacon will continue.
WATCH: Bacon trial begins despite looming decision
Lawyers for the accused, Jujhar Khun-khun, Jason McBride and Michael Jones, applied for the charges to be dropped because of the amount of time it took to go to trial.
That was based on last summer’s Jordan decision by the Supreme Court of Canada. It stipulates trials in superior courts should be concluded within 30 months of charges being laid.
But the trial of Bacon’s alleged killers didn’t even start until 51 months after they were charged, well beyond the time limit imposed by Canada’s highest court.
In handing down his decision, Justice Betton told the court that he gave the matter “much reflection and consideration”.
The reasons for the decision will be given at a later date.
“I fully appreciate the scrutiny that is likely to be given to them,” said Betton. “And accordingly, I feel I need to take the additional time to ensure they are as thorough and complete as I can possibly make them.”
It was August of 2011 when Jonathan Bacon was gunned down outside of the Delta Grand Hotel in Kelowna.
WATCH: Witnesses recall Jonathan Bacon shooting in Kelowna
The attack also wounded two other known gang members and two women.
The trial is scheduled for 10 months.