Dispute about missing evidence continues to delay sex assault trial of Manitoba doctor

The sex assault trial of a Manitoba doctor has been cut short for a third straight day and won't resume now until Friday as a dispute over missing evidence drags on.

The defence team forArcel Bissonnetteon Wednesday also repeated a threat to apply for a complete adjournment of the proceedings if it feels its client's ability to defend himself is being impacted.

Defence lawyer Lisa LaBossieresaid she's not yet calling for that, but did request a break until Mondayto review some new materials the defence had just received.

"There's no question the defence requires further time [and] to formulate what [it] is going to do from here," she said.

Crown prosecutor Paul Girdlestonetook exception to the length of the requested delay, saying he is ready to go, to call witnesses, and suggested the defence stop making threats and make a choice instead.

"Truly, it's time to decide one way or the other," he said.

Bissonnette is charged with 22 countsagainst female patients over the course of 13 years, from 2004 to 2017. Hehas pleaded not guilty to all of them.

Bissonnette worked at the hospital and medical centre in the town of Ste. Anne,about 40 kilometres southeast of Winnipeg, when the assaults are alleged to have taken place.

LaBossierefirst suggestedon Monday when the judge-only trial began in Winnipegthat an adjournment application was possible if the defence didn't receive what is says are missing correspondences, reports and notebooks from theSainte-Anne Police Service.

The trial was then adjourned to Tuesday morning withJustice Anne Turner directing the defence to give the Crown a completelist of what they were seeking.

Tuesday's proceedings were even shorter asGirdlestonesaid he didn't get thelist until late Monday and needed more time. On Wednesday, he said everything availablehad been passed along to the defence.

ButLaBossieresaid the information came in between 3 p.m. and 10 p.m., and thenmore followed on Wednesday prior to court. The defence hasn't been able to review it all, she said, calling it "very complicated, technical matters."

"There are very substantial things we need to do."

Rather than have the court reconvene every daysimply to face another delay,LaBossiereasked Turner for a break until Monday.

CitingGirdlestone's concerns, Turner called for a return on Friday afternoon and told LaBossiereshe expects the defence team to know then if they intend to proceed or appy for a full adjournment.

"I think that's fair, that everyone could know where we're going by Friday,"LaBossiere agreed.

As for the missing notebooks of former SAPS officerJacqueline Lawford, lead investigator on the case for two years, "they're gone, and it's quite clear they're never going to be recovered,"LaBossieresaid.

She noted the defence team only learned from the Crown on Dec. 21, 2022, that the notebooks had been lost. Butsome of the new disclosure from Girdlestone shows the Crown was aware of that well before.

Had the Crown informed the defence sooner, some of the current delays could have been avoided, co-counsel for the defence Josh Weinsteinsaid, with LaBossiereadding the SAPS has known since April 2019 that the notebooks were lost.

Thetrial, if not adjourned fully,isslated to take four weeks with the Crown expected to call 10 witnesses.