Curtis Sagmoen leaves the Vernon courthouse, Sept. 9, 2019.

(BEN BULMER / iNFOnews.ca)

While under arrest and in handcuffs, Curtis Sagmoen "slammed into" an RCMP officer during a search of his family's North Okanagan property in October 2020, his defence lawyer says.

The incident led to an assault charge against Sagmoen, who appeared at the Vernon courthouse today, Mar. 2, as his lawyer argued the trial should be adjourned.

Defence lawyer Lisa Helps reasoned the adjournment should be granted because plenty of new evidence had come to light and she needed more time to prepare.

Helps said 500 pages of disclosure were given to her by the Crown late and the information could change the outcome of the proceedings.

The new disclosure largely relates to the information the RCMP gathered to apply for a search warrant.

"It's our position that the accused has been grossly prejudiced by the 500 pages of late disclosure, of those, 137 were crucial."

Crown prosecutor Simone McCallum appeared frustrated by the possible delay.

"I hear very little in my friend's submissions that have anything to do with the way the assault unfolded at all," McCallum told the court. "Let's be really frank about this, we are talking about a 30-second incident... (within) a 10-minute interaction between the police and Mr. Sagmoen.

"This incident, it’s probably one of the most minor and least complex incidents I've been to court on in the last 10 years," the prosecutor said.

Little is known about the circumstances that led to Sagmoen's alleged assault on the RCMP member and defence lawyer Lisa Helps's statement that he "slammed into" the police officer is possibly the first time the court has heard details about the assault.

What is known is that the alleged assault took place about a week after police had issued a public warning that sex workers avoid the area around his family's Salmon River Road property.

Sagmoen was under probation which banned him from having contact with sex workers and the RCMP confirmed several sex workers were in the vicinity of the property that October.

However, Sagmoen has not been charged with a breach of his probation.

It's also unclear why Sagmoen was arrested and in handcuffs before the alleged assault on the RCMP officer took place.

Sagmoen has a history of assaulting sex workers at his parents' Salmon River Road property and spent more than two years behind bars awaiting trial over two incidents which he was ultimately convicted for.

Sagmoen came under close public and police scrutiny following the discovery of the body of 18-year-old Traci Genereaux on his family's property in 2017.

No one has been charged in connection with the discovery of Genereaux's body, and police have not said how she died.

Following a morning of legal arguments, Judge Jeremy Guild granted the adjournment.

The case, but not the beginning of the trial, will now head back to the courtroom Mar. 8, for Helps to argue a Charter challenge.

During the court proceedings, it was pointed out there was concern about the length of time the case was taking to get to trial. Under what's known as the Jordan ruling, a provincial court trial must take place within 18 months of an accused being charged.

That 18-month deadline will take place this June.

For more stories on Curtis Sagmoen go here.

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