Judge warns Greg Fertuck that court is not a 'playground' as murder trial resumes in Saskatoon
Trial adjourned until Wednesday after morning testimony
Greg Fertuck's first-degree murder trial has resumed at Court of King's Bench in Saskatoon, with the accused scheduled to present his defence this week.
Fertuck is accused of killing his wife, Sheree Fertuck, in 2015 at a gravel pit near Kenaston, Sask. Sheree vanished on Dec. 7, 2015. The 51-year-old's body has never been found.
Greg was charged with first-degree murder in 2019. He confessed after being the target of a 10-month long undercover police operation called a Mr. Big sting. After his arrest, he said he made that story up because he was scared of the undercover police.
He is representing himself in the trial.
Tuesday's proceedings began with Greg saying he had intended to call a gun expert for cross-examination, but didn't "have enough money" to call any expert witnesses.
He instead questioned previous witnesses including Darren Sorotski, Sheree's younger brother who worked seasonally with her in the family gravel business, and Morris Bodnar, his previous lawyer.
Greg questioned Sorotski about the relationship between Greg and Sheree, and asked if Greg had shown "any animosity to her" while she and Sorotski worked together.
"I don't know the answer," said Sorotski.
Fertuck questioned Bodnar about the delays in the trial and Mr. Big stings.
Justice Richard Danyliuk jumped in several times to caution Fertuck about the language he was using and against editorializing during his questions.
"We are not in a playground. This is a very serious matter," Danyliuk told Fertuck.
Fertuck also questioned Sheree's neighbour Robert McJannet, who has not previously testified in the trial, about how well he knew Sheree and the events surrounding her disappearance.
Fertuck to decide if he will testify
Court adjourned shortly after noon CST Tuesday until Wednesday at 10 a.m.
Fertuck told the court he doesn't want to testify and needs time "to put closing arguments, that's all."
Justice Danyliuk asked Fertuck if he was sure and gave him time until Wednesday morning to confirm his decision.
The court is hoping for Monday, Feb. 26, as a possible date to present closing arguments.
"I'd like to conclude this matter as soon as I can," Danyliuk said, noting the delays the trial has seen.
Crown lawyer Carla Dewar said the prosecution is "concerned about keeping this matter on track."
Danyliuk also said there will be a decision Wednesday about whether an amicus attorney — a "friend of the court" assigned to help people representing themselves with procedure — is needed to assist Fertuck going forward.
Confession allowed as evidence
Danyliuk ruled in September that a videotaped confession Greg made to undercover police where he described killing Sheree can be admitted into evidence in his trial.
In the June 21, 2019, recording, Greg is shown acting out shooting Sheree.
Because the Crown's case against Fertuck depends on a Mr Big sting — a controversial investigative technique — the prosecutor's evidence was disputed as part of a lengthy voir dire, or trial within a trial.
Danyliuk ruled in September 2023 that all evidence obtained during the undercover operation would be admissible at the trial, meaning he can consider it when he decides if Fertuck is guilty.
The judge-alone trial began in September 2021 at what was then the Court of Queen's Bench. The case has seen numerous delays since then.
Major delays were caused by COVID-19, by the discovery of the alleged murder weapon, and by Fertuck's decision to represent himself in court after his defence team withdrew from the case in October 2022. Fertuck also applied to bring witnesses back to court for reexamination.
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With files from Dan Zakreski and Kendall Latimer