Hit-and-run trial adjourns abruptly over error involving accused's video statement to police

The trial of Maurice Johnson in the 2018 hit-and-run death of Brady Francis came to an abrupt halt Wednesday because the accused's videotapedstatement to police had not been edited in accordance withthe judge's decision.

The Moncton Court of Queen's Bench also heard that the blood found on Johnson's damaged pickup truck the morning after Francis was killed was human blood, but did not match the victim'sDNA profile.

The trial will resume Thursday at 9:30 a.m. with testimony from an accident reconstructionist and the video of Johnson's statement will now be shown on Monday.

Francis, 22, of Elsipogtog First Nation was found dead onSaint-Charles South Road in Saint-Charles, about 100 kilometres north of Moncton, on Feb. 24, 2018, around 9:40 p.m.

Johnson, 57, of Saint-Charles, has pleaded not guilty to failing to stop at the scene of an accident that caused a person's death.RCMP announced the charge against him in June of 2018.

Last summer, there was a voir dire onthe admissibility of Johnson's five-hour interview with police and Justice Denise LeBlancruled certain portions were inadmissible.

The trial was expected to watch the edited four-hour version of the video Wednesday morning, but Crown prosecutor Pierre Gionetinformed the court he watched it on Tuesday night and noticed it did not matchwhat had been decided.

Gionet said he had difficulty sleeping when he realized the video couldn't be shown as scheduled,but said he required an adjournment to correct the mistake.

The judge said she understood and was not looking to lay blame for the delay, but noted she had asked at least five times whether the video would be ready for viewing.

She said she is disappointed for Johnson and for the family of Brady Francis.

Outside court, defence lawyer Gilles Lemieux said Johnson understands the reason for the postponement.

"Mr. Johnson has been under the gun here for two years and he's hopeful that we can get a result here in the near future. But you know, as I said to him,we can do it quickly, or we can do it right," he said.

"This is not going to be fatal to the process. We'll be able to take a little bit of time and then we'll move on. So itshould not be a problem. We have lots of time availableto finish the trial."

Three weeks have been set aside, until Jan. 31.

Earlier Wednesday, Lemieuxasked the judge to declare part of an officer's testimony regarding blood found on Johnson's truck irrelevant.

On Tuesday, RCMP Const. Ricky LeBlond testifiedheresponded to a 911 call the morning after Francis's body was foundfrom someone who wanted to report an accident.

LeBlond said he didn't know who had called, but the address was thehome of the accused and the front of Johnson's pickup truck was damaged.

The grill was broken, the GMC logo was missing and he saw blood on the vehicle, he said.

But Lemieuxtold the courtsamples tested by the RCMP lab and broader independent testinghe subsequently requestedshowed the blood was not Francis's blood, he said.

The judge agreed to disregard the blood-related portion ofthe officer's testimony.

Victim captured on video

On Tuesday, the trial saw a security video of the victim walking on the road on the night he was killed and a tan vehicle passing by shortly afterward.

RCMP Const. Caroline Thibodeau testified the videoshowed Francis walking eastbound on Saint-Charles South Road atabout 9:34 p.m.

The vehicle that passed around 9:40 p.m. was of interest, she said, because that was about the same time police received a 911 call about a possible hit and run.

Language issues

The accused had asked to be tried in French, but so far witnesses have been testifying in both French and English.

The victim's family had asked that translation services be provided by the court. None were provided,but family members were told they could provide their own translation and there would be a courtroom available for them to use.

On Tuesday afternoon, the family moved to the other room where Cheryl Haynes is volunteering to provide translation.

"I think that, you know, they are obviously in a time of need and they should be supported," Haynestold CBC News.

"It's not a time to be really separatingwhether or not it's an English or a French thing, but at this pointit's really come down to that.And as a member of the Mi'kmaq family, we are all one We are supposed to be there for everyone and I felt that was extremely important."