Delay in manslaughter conviction violated client's rights, lawyers to argue

Lawyers for an Ottawa manare launching a legal challenge over the length of time it took for him to be convicted of manslaughterin the 2010 shooting death of 19-year-old Michael Swan, arguing the delay violated their client'scharter rights.

Swan was shot in the early morning ofFeb.22, 2010, after three men broke into his Barrhaven home.

Later that daypolice tracked down and arrested three Toronto-area men, near Ganonoque, Ont.SamTsega, then 19, was not arrested and chargeduntil the followingSeptember.

Tsegawas eventually convictedof manslaughter on June 30, 2016 more than six years after Swan's death but he has not yet been sentenced.

Now, Tsega'slawyers are preparing to argue that their client'scharter right to a speedy trial was violated.

Little more than a week after Tsega's conviction, the Supreme Court of Canada made a landmark ruling, which set new deadlines for completing trials.

Provincial court trials which last longer than 18 months, or 30 months where a preliminary hearing is involved, are now considered "presumptively unreasonable."

Thistest, however, does not apply when delays are caused by the defence team.

Tsega's lawyers are set to argue their application at the end of March, with a sentencinghearing set for the following month.