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Sam Tsega was the inside man, the Ottawa link between three killers from Toronto and a Barrhaven teenager who was executed with a bullet to the heart. But now, more than six years after Tsega first set foot in an Ottawa courtroom — and more than six months after being found guilty of manslaughter for his role in the killing of Michael Swan — he is asking the court to stay his conviction and release him from jail because of unnecessary delay. Tsega’s is the latest high profile criminal case in Ottawa now at risk after a landmark Supreme Court decision last July that found the presumptive ceiling for criminal cases to be completed in Canada’s courts should be 1. Superior court. Delays beyond that are presumptively unreasonable, the court found, and violate an accused’s constitutional rights to be tried in a reasonable amount of time. The application to stay the charges comes after prosecutions in two other high- profile Ottawa cases collapsed. Adam Picard walked out of court a free man in November after a Superior court judge found that his rights had been violated because of the four- year delay it took to bring him to trial on allegations of first- degree murder in the killing of Fouad Nayel in 2. Kevin Bishop, who was accused of a romance fraud, had his charge stayed in December after the judge in the case concluded the Crown failed in its duty to deliver timely justice. Under the new Supreme court decision, the Crown bears the burden for institutional delay, since resource issues with the court fall under its responsibility. Bishop’s case had taken 5. The Crown has since appealed the Picard decision; no appeal was filed in the Bishop case. Tsega was convicted of manslaughter nine days before the Supreme Court handed down it’s decision in the case of R. Jordan, but the ramifications of the decision still apply to Tsega’s case because he’s still awaiting sentencing. A case isn’t completed until the person is sentenced. However, Tsega’s case had passed the 3. Funeral of gangland shooting victim Euan Johnston stalled after delay on release of his body Euan Johnston Majorgolflesson.com is the official site of Torrey Pines PGA teaching pro Michael Major. Feb. 2. 2, 2. 01. Swan. Tsega was first arrested in September 2. March 2. 01. 6. Tsega was the last of the four accused in Swan’s killing during a drug robbery to stand trial. He was a former classmate of Swan who told the three Toronto men where they could find money and marijuana at Swan’s home and helped them to case the Moodie Drive house shortly before the killing. It’s estimated Tsega appeared in court 1. But Tsega’s case is an unusual one. He was committed to stand trial after a preliminary hearing on a charge of second- degree murder, but prosecutors appealed the ruling to Superior Court. A judge there ordered the charge be upgraded to first- degree murder and sent it back to the lower court. Tsega was then committed on first- degree murder, but this time Tsega’s lawyers appealed that new ruling to the Superior Court. When they lost that appeal, Tsega filed notice to the Ontario Court of Appeal. That appeal still hadn’t been heard — and with a March 2. Tsega abandoned the appeal, and instead stood trial in front of a judge alone on a charge of second- degree murder. He was ultimately convicted of manslaughter — the same offence he was initially charged with when he was arrested in 2. The Crown argues that a large portion of the delay in the case was waived by Tsega’s previous lawyers and doesn’t count against the 3. It’s based on the total period of delay,” said one of Tsega’s current lawyers, Mark Ertel, of his application for a stay. None of that matters for victim Mike Swan’s family, who have now sat through four trials over the past six years and only want to see the man they consider most responsible for Swan’s death held accountable for his actions. For Swan’s brother, the delay application is a “slap in the face.”“(Tsega) is pulling the strings here and trying to navigate his way through the system and find any out he can,” said Alex Swan. He remembered seeing the decision in the Picard case and how his heart sank. Now his family is experiencing a similar legal challenge.“What really burns me is how they can go back and apply this new judgment to cases that are already in the system,” said Swan. He wasn’t the trigger man, but he did everything but.”Swan said he fears for the families of victims, who in some cases sit through years of court cases with the hope that one day the person who harmed their loved one will be held accountable for their actions.“I agree it’s gone on way, way too long,” he said. The sentencing hearing, if it is still needed, won’t be until April. Even then, there is pressure for lawyers to be ready to proceed and not let time slip away. The dates selected for the constitutional arguments and sentencing hearing were the last the court had available for Superior Court Justice Catherine Aitken, who heard the case. Her next available dates weren’t until after the summer. The Canadian Bar Association has recently criticized a shortage of judges that it believes contributes to the delay. It has urged the federal government to fill vacancies, which it argues contribute to the stress experienced by victims, witnesses and accused. There are currently three vacancies in the federally- appointed Ontario Superior Court in the Ottawa region. The Ontario government has taken some action to address delay, announcing on Dec. It isn’t clear how many judges Ottawa might receive, or when they would be available to begin hearing cases, although two sources — including one within the ministry of the attorney general — have told the Citizen an announcement on those details is expected this week. The province also promised to hire 3.
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