With multiple video screens in place and a weighty desktop computer hard drive visible beneath the arm of one man, courtroom number one at provincial court in St. John’s was prepared for the start of a five-day trial this morning for a man facing a single charge of possession of child pornography.
The accused, Scott Curtis, was not present in court but represented by his lawyer Rosellen Sullivan.
Sullivan this morning asked the judge for a postponement saying that reviewing details of the case with technical experts had revealed the possibility for the challenge of a search warrant in the case, under the Charter of Rights and Freedoms.
Apologizing for the lateness of the Charter challenge, Sullivan noted it is a “very technical file” and grounds for the challenge only became apparent in the last few days, through her consultations with experts on the evidence.
She said she was preparing a Charter application for her client to challenge the search warrant, “which I think is necessary in his defence.”
The Crown, prepared to begin trial, did not consent to the postponement citing the lateness of Sullivan’s expression of intent to file the Charter application.
It was left to Judge Gregory Brown to decide whether or not to allow a last-minute challenge, thus pushing back the trial dates.
Brown noted, in cases such as Curtis’, a Charter application should be filed at least three days prior to the start of trial. However, he said, later applications can be allowed in the interest of justice.
The judge credited Sullivan as an experienced and capable attorney, noting he would not allow her application if he felt she was trying to deceive the court.
“Clearly Mr. Curtis has to be afforded full opportunity to make application and defence,” Brown said, ultimately allowing the application.
The judge did, however, push for expediency. Sullivan will have to file immediately and the Crown will speak to the application and potential response on Wednesday.
It is expected new trial dates will be set on Wednesday. The new dates will likely be in December.
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