Pandemic no reason to delay trial: 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.”

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 accusedinconnectionwithanapril15, 2019, incident, including aggravated assault, sexual assault with a weapon, a sexual device and extortion.