November 30, 2015 - 6:50 PM
EDMONTON - The defence lawyer for a man accused of killing two Alberta seniors whose bodies have never been found is arguing the charges against Travis Vader should be stayed.
Brian Beresh told a pre-trial hearing on Monday that there has been an abuse of process in the case.
Vader, 43, was first charged in 2012 with two counts of first-degree murder in the 2010 deaths of Lyle and Marie McCann, but the charges were stayed in March 2014.
Nine months later, the charges were re-laid and a trial before a judge alone is scheduled for March 2016.
On Monday, chief Crown prosecutor Michelle Doyle said she decided to stay the charges in 2014 because the potential evidence was nowhere near ready for trial.
She said that wouldn't have been fair to Vader.
"At this point I had lost all confidence in the status of the disclosure," she said.
An exhibit entered into advice showed the Crown had proposed a deal for the adjournment of Vader's trial as well as a deal on other charges he was facing, and a chance for him to get bail.
But the proposal was never approved by Beresh.
The McCanns, both in their 70s, were last seen fuelling up their motorhome in their hometown of St. Albert, a bedroom community north of Edmonton, in July 2010. They were on their way to a family camping trip in British Columbia.
Their burned out motorhome was discovered west of Edmonton a few days after they were last seen.
(CTV Edmonton)
News from © The Canadian Press, 2015