Justice minister mum on possible reasons Kurt Churchill walked free of murder charge

Newfoundland and Labrador's justice minister can't say what led to delays that allowed an accused murderer to walk free without standing trial.

Asked by reporters Friday whether a lack of public prosecutors contributed to a stay of proceedings this week in the murder case of Kurt Churchill, Bernard Davis could only say the decision to toss out the case was now under examination by the Crown.

"Public prosecutions is looking into this," Davis said.

"They have 30 days to make a decision on whether they're going to appeal it or not. I really can't say any more than that at this point. Obviously those decisions will be made within that 30-day period, and we'll have a more fulsome discussion after those decisions are made."

When asked whether the delays could be attributed to Newfoundland and Labrador not having enough prosecutors, Davis skirted the question.

"I think it's important that we look at the details of that decision," he said.

"That's what [prosecutors] are doing right now. They're going to continue to look at that, and when they evaluate what the options are on a go-forward basis, that's when we'll be able to talk about that. Any time you're dealing with the court, obviously we're very tight-lipped on what we can and can't say, and I'll give you as much information as I possibly can when that becomes available."

The Newfoundland and Labrador Crown Attorneys Association pleaded with the province last month to hire more prosecutors, saying crime rate increases mean public lawyers are overworked and unable to handle their caseloads.

"We know the Crown attorneys are working very late hours. They are working weekends and they are working holidays. And they're doing all this to keep the public safe," president Shawn Patten told CBC News at the time.

Patten said in August the province hadn't yet reached a point where prosecutors had to throw away cases entirely, having nobody to staff them.

The Justice Department said in a statement last month that providing Crown attorneys with appropriate resources is a "key priority" of the government.

"In 2023 the provincial government increased the salaries for solicitors, which includes those classified as Crown attorneys," said thestatement. "We have also placed an emphasis on recruiting law students for summer and articling positions."

Davis said the provincial government is "always looking at ways" to improve the system.

"If that means extra resources that's what we're looking at," he said.

"Obviously there's going to be an evaluation on the decision that was made by the justice, and then the actions, I guess, will come out from there."

Churchill had been accused of second-degree murder in the shooting death of James Cody in 2020. His trial was supposed to happen last fall but was delayed because prosecutors disclosed unredacted information to defence lawyers, compromising the trial.

Churchill was forced to find new representation, but the new defence team didn't have time to prepare for a trial on such short notice.

That delay pushed Churchill's trial beyond the 30-month limit for superior court cases to be heard by a judge. He won a Jordan application Thursday when a Supreme Court justice agreed that his right to a speedy trial had been violated.

Unless prosecutors appeal the decision and an appeal is granted, Churchill will no longer be prosecuted for Cody's death.

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