'I don't have a lot of sympathy,' judge says as he books trial for murder suspect who fled Canada
Meghan Grant | CBC News | Posted: March 9, 2018 7:41 PM | Last Updated: April 6, 2018
Nathan Paul Gervais fled Calgary in 2016 just before his trial in stabbing death of Lukas Strasser-Hird
Editor's note: The trial date mentioned in the story below has been delayed. A two-week judge-alone trial is now set for Jan. 14, 2019.
Before he set a second trial date, a Calgary judge expressed disdain toward an accused killer who was arrested in Vietnam after fleeing the country just days before he was set to be tried for murder.
Justice Earl Wilson, in the Court of Queen's Bench in Calgary Friday, refused to fast-track Nathan Gervais' trial in the death of an 18-year-old who was swarmed and stabbed in a downtown alley in 2013.
"I don't have a lot of sympathy since he didn't show up" for his original trial date, Wilson told court.
"He disappears and then he wants to come here clamouring for an early date."
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A three-week trial has been booked for May 6, 2019.
Gervais is charged with first-degree murder in the death of Lukas Strasser-Hird, who died in hospital at the age of 18 after being attacked in an alley at Second Street and 10th Avenue S.W.
Gervais fled the country in April 2016, less than two weeks before he was to go on trial for murder. He was on the lam for more than a year before being arrested in Vietnam and flown back to Canada in February.
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The original trial went ahead for four others accused in the killing. Frans Cabrera and Assmar Shlah were found guilty of second-degree murder, while Joch Pouk was found guilty of manslaughter.
A fourth man, Jordan Liao, was acquitted.
On Friday, defence lawyer Alain Hepner said he was not seeking an expedited date, normally reserved for cases which are dangerously close to violating an accused's right to a timely trial.
Gervais has lost his right to a jury trial but prosecutor Ken McCaffrey is still considering whether he wants the case heard by judge alone or judge and jury.
Police have confirmed they are investigating whether anyone helped Gervais flee the country.