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.
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.