Paxton evidence surfaced late, lawyer testifies

Dustin Paxtons lawyer admitted Tuesday that the Crown disclosed"voluminous" evidence to the accused torturer's defence team but said not all of it arrived in a timely fashion.

Jim Lutz was cross-examined by the Crown as a hearing continued in Calgaryinto a defence application for a stay of proceedings.

Paxton, 31, is on trial on charges of sexual assault, aggravated assault and forcible confinement. He is accused of abusing another man over 18 months, starting in October 2008, when the two were roommates in Calgary and Regina. The judge hearing the case hasn't delivered a verdict.

The defence, which has already given its closing arguments, says Paxton got an unfair trial and wants the proceedings stayed.

2nd day of testimony

Lutz first took the witness box on Monday, accusing the Crown of withholding or delaying information. On Tuesday, Crown prosecutor GaryCornfield cross-examined Lutz with questions aimed at determining who knew about which evidence and when.

"To say I didn't know what I didn't have becomes quite a difficult proposition, Mr. Cornfield," Lutz told him.

Lutz agreed a lot of documents had been turned over to the defence.

"You received over 7,000 pages of disclosure," Cornfield asked him. "Would that be accurate?"

"Yes, that would be accurate," Lutz replied.

Mental health reportheld back, lawyer says

But the defence lawyer offered examples of the Crown's late disclosure of evidence, including the findings of a neuro-psychological assessment of Paxton's alleged victim.

The assessmentcontained one expert's concerns that the victim suffered retrograde amnesia, a condition that would affect his ability to recall information forthe court. Lutz said he became aware of the possible diagnosis only after the trial began.

He said he also believes a witness who testified he saw Paxton beating the alleged victim was offered a lesser sentence on other charges in exchange for his testimony.

Lutz's testimony finished Tuesday, but the hearing on the stay applicationcontinues.If Court of Queen's Bench Justice Sheilah Martin grants a stay, the charges against Paxton could be suspended.