A new trial got underway in Lethbridge on Monday in the case of a former Taber man who had two sexual assault convictions overturned last year.
In 2014, Jorden Van Voorthuizen was convicted of sexually assaulting two boys. He appealed the ruling and it was overturned in 2016 and he was released on bail.
READ MORE: Former Taber man’s sex assault conviction overturned
Van Voorthuizen was living in Greece when he was originally charged in 2012 and was extradited back to Canada to face the charges.
The alleged incidents involved two boys – who cannot be identified due to a publication ban – between 1995 and 2001.
Defence lawyer Greg White submitted several applications on Day 1 of the trial: two O’Connor applications, which deal with third-party disclosure, and a Jordan application.
A Jordan application relates to the timeline in which trials must be heard by after a suspect is charged. In provincial court, that limit is 30 months.
The defence argued too much time has lapsed since Van Voorthuizen was first accused and that the best option would be for the charges to be stayed.
The Crown disagreed and told the judge that with the time taken for the appeal, there was no way a retrial could be heard in under 30 months.
The judge will give his decision on the applications on Tuesday.
Van Voorthuizen’s trial is scheduled to last for two weeks and will be heard by a judge alone and not a jury.