CORNER BROOK, N.L. — A British Columbia man who wanted to have his trial postponed because he would have to self-isolate when he arrives in Newfoundland has had his request denied.
Lakhwinder Singh is charged with assault, sexual assault and unlawful confinement.
His trial had originally been scheduled to take place in provincial court in Corner Brook June 8-9. The court was still closed due to the COVID-19 pandemic on June 8 and the trial was administratively rescheduled, without anyone appearing or a judge presiding, to Sept. 21-22.
The application to postpone the trial was argued before Judge Wayne Gorman on Sept. 3. In the written application, Singh argued he cannot afford the costs involved to self-isolate and that he would lose his job if he is forced to do so. He requested the trial be postponed until he can travel here reasonably.
In his written decision, released on Sept. 8, Gorman said the application does not contain any evidence in support of those statements.
He said the costs of travelling and staying in Newfoundland can be avoided by video conferencing, something the Crown is agreeable to, and he didn’t accept a suggestion by Singh’s lawyer that it would create an unfair trial.
Gorman said the adjournment would be for an indefinite period of time, as the Crown had noted it’s not possible to predict when the self-isolation requirement will be lifted.
“This is not acceptable,” he said.
Gorman conducted a trial where the accused appeared and testified by video conferencing while the courthouses were closed, and said he noted then that matter illustrated why the pandemic was no longer a reason for the hearing of trials to be delayed.
He said the request for the postponement had been made almost three months after the trial date had been set and no evidence was presented to establish that the concerns raised in the application were not present earlier or why the application was not made on a more-timely basis.
Singh’s lawyer is scheduled to be in the Supreme Court at the same time as Singh’s trial, and Gorman said he will have to seek an adjournment of that matter and it should not be assumed that maters in that other court will always be given preference.
Normally, an application would have to be made for someone to appear through video conferencing. Singh has not done that, but Gorman said that, based on the Crown’s agreement to doing so, he would not require an application to be filed.
He said Singh will have to make the necessary arrangements to appear by video conferencing and advise the Crown and court staff of his doing so.