(ADAM PROSKIW / iNFOnews.ca)

A Kelowna man's domestic assault charge was recently dropped after lengthy court delays.

Jeffrey MacLean was charged in November 2021, but several adjournments and attempts to get disclosure from Crown prosecutors ended up with an "unreasonable" delay with his trial scheduled for nearly two years later.

Kelowna judge Clarke Burnett found the Crown failed in its obligations to provide disclosure to MacLean's defense counsel and a three-day trial set for Aug. 28 was cancelled earlier this month, according to a recent BC Provincial Court decision.

READ MORE: Almost 2,400 still evacuated and 240 homes seriously damaged by West Kelowna wildfire

MacLean was charged on Nov. 27, 2021, for the assaulting his partner and for obstructing a peace officer. He was released on bail that same day, according to the decision.

Domestic assault charges are typically expected to be treated more quickly than others in BC courts, but that didn't happen in this case.

The delays started early when he was scheduled for court on Dec. 6, 2021, but his defence counsel didn't receive Crown disclosure until three days later.

His appearances were adjourned multiple times over until February 2022 for similar reasons, as Crown prosecutors continued to give late disclosure to MacLean's lawyer, which included transcribed versions of MacLean's call to 911 and the victim's statement to RCMP.

READ MORE: Firefighter describes working amid controversy on North Shuswap wildfire

In April, the court finally set a trial date for February 2023, which was the earliest the court and lawyers on both sides could agree on.

While lawyers tried to decide on a trial date, the victim gave another statement to RCMP on Feb. 16, 2022. By September, prosecutors also had a copy of that statement, but it was only weeks before the trial they mentioned it to MacLean's lawyer.

Although the Crown argued the delays were, in part, due to MacLean's defence, Burnett didn't buy it. Instead, he ruled the delay in MacLean's Charter right to a trial was violated, which was "well beyond" the general 18-month limit set in past Supreme Court cases.

Burnett didn't describe the circumstances of the alleged assault in detail. Instead, he focused on what he said was the Crown's "failure" to comply with its own obligations, deciding to stay the charges against MacLean on Aug. 17, 2023.

To contact a reporter for this story, email Levi Landry or call 250-819-3723 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here.

News from © iNFOnews, 2023