A judge has decided to hold off making a decision on whether or not there’s a case against a former local journalist charged with child luring until he hears all the evidence.
Kevin Kelly - Photo by Rosie Gillingham/The Telegram
As a result, Kevin Kelly will go to trial.
“The trial will proceed,” Judge Jim Walsh said. “A stay (of proceedings) is still a possibility, but it would be premature for me to make a decision until all the evidence is in front of me.”
The decision comes a result of a Charter of Rights application filed by Kelly’s lawyer, Mike King.
The application concerned Kelly’s ability to present a full defence in light of the alleged destruction of evidence.
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King claimed investigators destroyed the replica hard drive of Kelly’s computer before King could get an independent assessment of its contents.
King had requested a stay of proceedings — to have the case cease against his client.
The trial is set for June 18-19.