Kurt Churchill’s lawyers have asked the province’s Supreme Court to throw out the second-degree murder charge against him because it’s taken too long to get to trial.

It will be four years this July since Jamie Coady was gunned down outside a home on Craigmillar Avenue.

That’s a long time for any case to get to trial, and well beyond the limit of 30 months established by the Supreme Court of Canada.

The trick is determining who caused those delays—the defence, the Crown or the court.

This morning, Churchill’s lawyers Frank Addario and James Foy said it’s not on them, insisting they’ve been the ones “driving the bus” while the Crown has been dragging its feet, refusing requests for disclosure and ignoring offers to move things along.

Changes in Crown counsel, and allegations of conflicts with Churchill’s lawyers have also slowed the proceedings.

But the defence says even if only a portion of the delay is on the defence, it would still put the case past the 30-month limit, and should result in the charges being stayed.

It’s alleged Churchill shot Coady to death in the early morning hours of Sunday, July 5 outside Churchill’s home on Craigmillar Avenue in an act of self defence.

It’s not clear when Supreme Court Justice Vikas Khaladkar will give his decision on whether to stay the murder charge or meet both side halfway and proceed to trial.