Ill lawyer delays trial of man accused of financial crimes in Moncton

Daniel Bard's trial in Moncton has been paused for several days over the health of his lawyer, who suggested Thursday that he may not have been fully competent during testimony from witnesses the day before.

Bard, 60, is on trial in provincial court on 19 charges alleging fraud, theft, money laundering and possession of property obtained by crime. The six-week trial began April 22 but has been delayed several times because of his defence lawyer's health.

James Matheson said Thursday that he had thrown up multiple times that morning, noting he had a container beside his seat in the courtroom. 

"I don't see any way I can sit today," Matheson told Judge Anne Richard.

Matheson told the judge he may not have been fully competent Wednesday during testimony of two of Bard's alleged victims. At times during that testimony, Matheson appeared hunched over or to be staring at the courtroom ceiling.

A second lawyer, Tim Dubé, had been appointed to handle some cross-examination of witnesses because of Matheson's health. Dube has been authorized to do more, though, given Matheson's health. 

But Dubé told the judge Thursday he hadn't been able to review the evidence for the witnesses expected to testify Thursday. 

The judge agreed to adjourn the case to Monday.

Crown prosecutors said once the case resumes, they will need to revisit Matheson's competency comment.

Prosecutor Andrew Pollabauer said the Crown was willing to recall witnesses if necessary.

The allegations against Bard cover a time when he was vice-president of investment attraction for 3+ Corp, which was a municipally funded economic development agency serving the Moncton area.