Ronald Cleveland waits to see if impaired driving charges will be dropped

A former RCMP officer accused of impaired driving appeared in a Moncton courtroom on Mondayto find out whether the charges againsthim will be dismissed after the recent Supreme Court ruling that sets maximum wait times for provincial court trials.

Ronald Cleveland last appeared in court July 7, when his lawyer, James Matheson, argued the case was taking too long to go to trial and should be dismissed.

The charges were laid against Clevelandmore than 27 months ago.

Since then, the Supreme Court of Canadaintroducedthe new 18-month cap for provincial court trials.

Matheson said the biggest problem in getting his client to trial was"the time it takes in respect to disclosure."

The defence lawyer added, if the case goes to trial, he thinks"disclosure is going to be a problem again."

Delays blamed on 'novel requests'

Crown prosecutor Cory Roberts argued the defence made, "very lengthy and sometimes novel requests" for information.

For example, Robert said the defencerequested GPS coordinates of RCMP cruisers, just a month before the trial was scheduled.

Roberts also noted one five-month delay happened because the defence was unavailable.

Subtracting the delays caused by the defence, and time for a "transitional period" in relation to the new Supreme Court decision, Roberts argued the waittime sits at 15 months, less than the cap set in July.

Cleveland was present, but did not address the court.

The former Mountie was released from the RCMP on a medical discharge earlier this year.

Cleveland disclosed at an earlier appearance that he is on medication forpost-traumatic stress disorder and anxiety.

The defence saidthis case is not a normal impaired driving trialand that there are a lot of issues involved.

Both parties agreed a trial for operating a vehicle with a blood alcohol level in excess of the legal limit and operating a motor vehicle while impaired would normally take half to one day.

But Cleveland's trial, if it proceeds, is expected to last two to three days.

Judge Paul Duffie will decide on Sept. 13 whether to dismiss charges against Cleveland or if the matter will proceed to trial.