Calgary Hearld - September 13, 2011

 

CALGARY — The trial for one of four men facing three counts of first-degree murder in a gang-related shooting outside a southeast restaurant on New Year’s Day 2009 will go ahead as scheduled on Nov. 21, a judge ruled on Tuesday.

 

Court of Queen’s Bench Justice Beth Hughes said in denying the adjournment application on behalf of Real Christian Honorio that, if granted, could have adversely affected the Crown’s case to call key witnesses.

 

Hughes, however, did permit a request by defence lawyers Tonii Roulston and Greg Dunn for a one-week adjournment — from Oct. 31 to Nov. 7 — for a two-week pre-trial voir dire to determine the admissibility of Crown evidence.

 

There will now not be a one-week time vacancy between the end of the voir dire and the start of the three-week jury trial.

Dunn, who took over from another co-counsel this summer, had argued for the adjournment because of his unavailability for part of the trial. But Hughes said such a request should have been made much sooner.

 

“It appears to me the accused can have a fair trial, even if the trial is not adjourned,” said Hughes.

 

Honorio, 37, is charged with three counts of first-degree murder related to the daytime shooting of alleged rival gang members Sanjeev Mann, 22, and Aaron Bendle, 21, and innocent bystander Keni Sua, 43, at Bolsa Restaurant on 94th Ave. S.E.

 

Crown prosecutor Rajbir Dhillon had argued that any further delay could affect the ability of witnesses to recall their crucial evidence.

 

He said an adjournment would cause the witnesses to forget, including one witness whom he is concerned for his safety, and two expert witnesses from outside the jurisdiction. He said the experts have booked time off for the trial and he is not sure if they’ll be available in January, February or March.”

 

Nathan Zuccherato and Michael Roberto, who face the same charges, are currently in the midst of two weeks of voir dires to also determine if evidence is admissible for their trial.

 

A jury is scheduled to be selected on Friday and the evidence will begin to be hear on Sept. 19.

 

The fourth man accused of the same charges, Nicholas Hovanesian, was also supposed to begin his trial with Zuccherato and Roberto, but it was adjourned last week because of his lawyer’s medical reasons.