Editor’s note: This story has been corrected to say the Crown will review the judge’s reasoning before determining if they will appeal the judge’s decision to stay the charges.
Charges against a former Taber, Alta. man who was previously convicted of sexual assault have been stayed.
Jorden Van Voorthuizen was originally charged in 2011, accused of sexually assaulting two young boys between 1995 and 2001.
He was convicted following a trial in 2013.
That decision was overturned by the Alberta Court of Appeal in 2016 and a new trial was set for this month, 15 months after the appeal.
But this week, a judge in Lethbridge ruled the case against Van Voorthuizen has taken too long to make its way through the court system.
On Tuesday, Justice Dallas Miller granted a Jordan application in the historical sex assault case.
The Jordan decision states a trial in Court of Queen’s Bench must be heard within 30 months after charges are laid.
“People in Canada are presumed to be innocent when they are charged with a criminal offence,” said Greg White, who is Van Voorthuizen’s lawyer.
“Could you imagine having to wait for five years to have your case and to be declared innocent? I’m not saying that’s what happened in this case; this case ended because there was too much of a delay.”
During his decision, Justice Miller stated that timely justice is the hallmark of a free and just society.
The Crown will review the judge’s reasoning before determining if they will appeal the judge’s decision to stay the charges. The decision will be made within 30 days.