An historical Alberta sexual assault case that was stayed last month has not yet been put to rest.
Global News has confirmed the Crown will be appealing a Jordan Decision granted on Nov. 21 that stated the Jorden Van Voorthuizen case took too long to make its way through the court system.
Van Voorthuizen, a former Taber man, was originally charged in 2011 with the alleged sexual assault of two young boys between 1995 and 2001.
He was convicted following a trial in 2013, but that decision was overturned by the Alberta Court of Appeal in 2016.
“The appeal was launched as there was a legal error in the jury instruction that necessitated a new trial,” Katherine Thompson, communications advisor for Justice and the Solicitor General explained in an email to Global News.
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The new trial was scheduled for last month, but on Day 1, defence lawyer Greg White filed a Jordan application.
The Jordan decision states a trial in Court of Queen’s Bench must be heard within 30 months after charges are laid.
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Alberta Justice told Global News the Crown believes the judge made several legal errors in his approach to granting the stay of charges, prompting the appeal of the Jordan ruling in the Van Voorthuizen case.
This matter will be heard in the Alberta Court of Appeal in Calgary. A date has not yet been set.