‘Voluminous’ disclosure prompting further delays in human trafficking case
By Delon Shurtz - Lethbridge Herald on April 23, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com Lawyers for several individuals charged in relation to a human trafficking case continue to adjourn their matters while they wait for additional disclosure from the Crown’s office.Calgary lawyer Kirsten Lancee appeared Friday in Lethbridge provincial court in relation to two of the accused, brothers Mohammad and Mahmoud Neirabani. Lancee, who represents Mohammad, requested another adjournment and explained she and Mahmoud’s lawyer, Jeanine Zahara, are still reviewing a “voluminous” amount of disclosure, some of which the Crown’s office still needs to translate from Arabic to English.
Lancee also pointed out disclosure previously received was in a format that made reviewing it difficult, and which also required an adjournment.
“We are taking our best efforts to sequence out the disclosure given the nature in which it was disclosed,” Lancee said.
In addition to the need for translated statements made by her client, Lancee said she needs information about the sexual assault kit and corresponding medical documents. She noted that without the missing information she is unable to set dates for a trial, or determine how much time would be needed for a voir dire or any pre-trial motions.
Lancee said she understands that Crown Prosecutor Joe Mercier of Specialized Prosecutions wants to schedule a pre-trial conference, but without more disclosure she is unable to proceed.
“I appreciate my friend is trying to move this file along; however, given the nature of the substantive disclosure outstanding…I cannot take a step on this date.”
Lancee expressed similar concerns relating to Zahara’s client, and both matters were adjourned for three weeks.
Lethbridge lawyer Marcus Mueller, who also represents one of the individuals accused in the human trafficking case, was also granted an adjournment for three weeks.
Mueller told court he is waiting for more disclosure for his client, Abdullah Mohamad, and despite a request by the Crown to set a date for a preliminary hearing, he is unable to proceed, as well.
Lethbridge Crown Prosecutor Sheena Campbell, who acted as an agent for Mercier during Friday’s hearing, noted Mercier recommended any adjournments be attributed to defence, but Mueller disagreed and said failure by the Crown’s office to provide disclosure is causing the delays.
The three accused, along with five other adults and one youth, face various sex-related charges, including sexual assault and aggravated sexual assault. All but one of the accused also face a charge of trafficking persons under the age of 18. A second youth also faced sex-related offences, but he resolved his charges earlier this year.
The charges stem from incidents in which several men groomed a 15-year-old girl and took her to various locations where sex offences took place. The individuals also engaged in sexual activity with a 13-year-old girl, and three additional victims came forward later in connection with the investigation. Follow @DShurtzHerald on Twitter 4
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