Three men convicted of a murder outside a Calgary bar want the charges stayed because the case took too long to get through the court system.
Lukas Strasser Hird, 18, was killed outside the Vinyl Nightclub in 2013 after he objected to another man’s use of a racial slur. The confrontation that began inside the club ended in the back alley.
After a six-week trial, a jury found Assmar Shlah and Franz Cabrera guilty of second degree murder. Joch Pouk was convicted of manslaughter.
The Supreme Court of Canada recently ruled that cases that last more than 18 months in provincial court or 30 months in superior court should be thrown out. Lawyers for the convicted men said their case falls under this ruling.
“I find no matter which way you cut it, the delay has been too long here, unacceptable delay, and these young men should be set free,” said Balfour Der, defence lawyer for Assman Shlah.
But the prosecution says that would not be in the spirit of the law.
“The defence is saying that makes the ceiling 18 months and we're saying that's silly, a case where there's over 100 witnesses and five accused should not be given the same ceiling as a person stealing a chocolate bar at convenience store,” said Ken McCaffrey, Crown Prosecutor.
The victim’s father said he can’t believe the defence is attempting to have the case thrown out.
“They think it took too long and they figure they should get away with it and it's pretty disgraceful if you ask me,” said Dale Hird, Lukas’ father.
The judge will decide on December 15, 2016 if the case took too long, and if it hasn’t, sentencing for the three convicted men will proceed.
An arrest warrant is still active for another man in this case, 21-year-old Nathan Gervais, who was charged with first degree murder but fled house arrest while awaiting trial.
