Tony Humby’s lawyer has served notice he will ask for some or all of the sexual violence charges against his client to be thrown out due to trial delays.
Defence lawyer Mark Gruchy made it official in provincial court this morning, confirming he will file a so-called Jordan application by the end of this week.
It’s based on a Supreme Court of Canada decision that set timeframes to complete trials; 18 months in provincial court and 30 months in Supreme.
Humby’s case passed the 18-month threshold last year, but the court put that issue aside while lawyers hashed other matters and additional sex charges laid while Humby’s been at the Pen.
His main trial on more than 200 sexual violence charges was due to start in May but is now set for late August, maybe, since that’s when the Jordan application will be argued.
The tangly task and calculation for the judge will be to decide who’s mostly to blame for the delays up to now.
The inadvertent disclosure of a Crown document to the defence will likely be raised, but the defence has also been accused of dragging its feet with setting trial dates.
Bruce Escott at the Bishop’s Falls Correctional Centre. (VOCM News file)
Humby, 64, and co-accused Bruce Escott, 83, were first charged in April 2023 of abusing dozens of young men and boys.
Escott has already been convicted and sentenced to 13 years in prison.
