Greg Fertuck murder trial delayed again as Crown seeks to reopen case
Crown says new evidence has come to light, matter moved to end of April
The murder trial of Gregory Fertuck has taken another twist, with the Crown seeking to reopen its case and present newly unearthed evidence.
Fertuck is on trial for first-degree murder, accused of killing his estranged wife Sheree near Kenaston, Sask., nearly seven years ago in 2015.
Police considered him a suspect for years, but he wasn't arrested until June 2019, after an extensive undercover police operation. The undercover operation technique used on Fertuck is commonly known as a Mr. Big sting.
During these stings, police officers pretend to be criminals and befriend the suspect to obtain information related to the crime. The undercover police befriended and worked with Fertuck for months. Fertuck ultimately told one of the undercover officers that he had killed Sheree, describing in detail how he allegedly he did it. Fertuck now denies that version of events.
The trial began in September 2021 — a delayed start because of COVID-19. The Crown's case against Greg relies on the Mr. Big sting and several disclosures Fertuck made to police, so all of the evidence was called within a voir dire (a trial within a trial) to determine its admissibility.
Justice Richard Danyliuk is presiding over the judge-alone trial at Saskatoon's Court of Queen's Bench.
It's up to him to decide what statements, including Fertuck's confession, will be applied to the trial. Lawyers were supposed to submit their closing arguments on the voir dire in February. Danyliuk was scheduled to release his decision on the voir dire on March 30.
Now there has been an unanticipated development.
Crown prosecutor Cory Bliss addressed Danyliuk and Fertuck's defence lawyers on Thursday. Bliss said the Crown wants to re-open the voir dire and enter the new evidence.
The Crown must file an application to do so, showing how this evidence came to light and why it was not previously known to or available to the Crown. It has not yet been disclosed to the public.
Morris Bodnar, one of Greg's lawyers, said the delay was concerning and asked to proceed as fast as possible.
"Coming June, it's going to be three years that my client's been in custody on this charge," he said. "Lets get on with it."
Bliss was agreeable. He suggested work on the application to reopen the voir dire could be done in advance of the next court date, allowing them to move directly into calling evidence if the defence does not object.
"This could be a matter of a day of evidence, or two days of evidence, depending on, at most, I would suggest four or five witnesses, but likely less if there was some agreement from the defence about issues of continuity."
Fertuck's other lawyer, Mike Nolin said they still need to consult Fertuck, but based on what he's reviewed, including an electronic disclosure from the RCMP, he said it would be "pointless" not to consent.
"I don't suspect the Crown's going to have much difficulty convincing you that it's admissible at some point in this trial," Nolin said to Danyliuk.
The matter is scheduled for Apr. 29, 2022, when the Crown will submit its application to reopen its case. The Crown could also begin to call witnesses on this new matter, if the defence remains agreeable and the judge allows it.
"I'm perfectly happy to be as flexible as we can be," Danyliuk said, adding he has never presided over a Mr. Big case that didn't end up in the court of appeal.
"I obviously want to be as careful as I can, in any case, to ensure that this is all done properly."