Pandemic no reason to delay justice: judge

Fears by two lawyers that running a trial while the fourth wave of the pandemic rages on would seriously risk their health is not a sufficient reason for an adjournment, a judge ruled Tuesday.

Justice Jim Eamon denied an application by defence lawyers Rebecca Snukal and Adriano Iovinelli to delay the trial of two women charged in connection with an alleged group sexual assault on a Calgary man.

The Court of Queen's Bench judge said court leadership has been taking steps throughout the pandemic to mitigate health risks for participants and there was nothing to suggest that wasn't continuing.

“I've been asked to accept counsels' objective risk assessment,” Eamon said, of concerns raised by Snukal and Iovinelli that forcing them to be in court for a trial at this time would subject them to serious potential harm.

“That is not a correct balancing of risk,” Eamon said.

“In this case there is no evidence to suggest the current (pandemic) circumstances present unreasonable risk.”

Both Snukal and Iovinelli said their clients were willing to waive any delay argument if their trial, which was set to begin Monday, was adjourned to a later date.

Snukal's client, Carol Nordvall, is unvaccinated, while Iovinelli's client, Christina Schollen, has had only one dose.

Both women face multiple charges along with two males accused in connection with an April 15, 2019, incident, including aggravated assault, sexual assault with a weapon, a sexual device and extortion.

Snukal also told Eamon her client wasn't the only unvaccinated participant in the proceedings, but for privacy reasons would not say who else was.

Crown prosecutor Todd Buziak argued against delaying Nordvall's prosecution, but conceded Iovinelli had a second, compelling ground for an adjournment, his client's current physical and mental condition.

Iovinelli said Schollen is currently in extreme pain after being diagnosed with a bone marrow infection, but would be able to withstand the rigours of a trial once that issue is resolved.

Buziak said he was prepared to go ahead with the prosecution of Nordvall this week even though it would force a sexual-assault complainant to testify more than once.

As a result, Snukal, who said because of her health concerns she wouldn't be able to properly represent her client's interests, was allowed to withdraw from the case, resulting in an adjournment for Nordvall anyway.

Both women, who are free on bail, will return to court next month to set a new trial date.

One of the male suspects has reached a plea deal, while the other, Richard Wayne Parsons, is wanted on a warrant.