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B.C. judge stays charges against 3 Mounties due to delays getting cases to trial

A judge in British Columbia has stayed assault charges against three Mounties accused of pepper spraying a man in custody, saying lengthy delays in getting the cases to trial have violated their charter rights. A written ruling says RCMP Cpl.

A judge in British Columbia has stayed assault charges against three Mounties accused of pepper spraying a man in custody, saying lengthy delays in getting the cases to trial have violated their charter rights.

A written ruling says RCMP Cpl. Michelle Lebrun and constables Mick White and Scott Jones were on duty at the Oceanside detachment in Parksville when the alleged incident occurred in June 2013.

Provincial court Judge Ronald Lamperson says trials for Lebrun and White are scheduled to start next month, and the trial for Jones is set for the fall, but 39 months will have lapsed to the expected end of proceedings for two of the officers.

He says that would exceed the 18-month time limit imposed for provincial court trials by the Supreme Court of Canada, and a further delay is presumed to cause prejudice to the accused.

All the Mounties pleaded not guilty, and Lamperson says Lebrun and White applied to have the prosecution against them stayed for the assault with a weapon charge that was sworn in February 2015, though proceedings were repeatedly adjourned.

All things considered, the judge says defence lawyers could have filed their applications for disclosure material much sooner, possibly allowing a trial to start two years ago.