Weeks-long delay in Bard trial denied, defence asks no questions to recalled witness

A judge on Wednesday rejected a request for a multi-week delay in Daniel Bard's trial on alleged financial crimes.

Bard, 60, is on trial on 19 charges that include fraud, theft, possession of property obtained by crime and money laundering. Bard's six-week trial in Moncton provincial court started April 22 when he was represented by defence lawyer James Matheson.

Matheson this week was told by a doctor to take a medical leave until early June, leaving Bard represented by Tim Dubé, who had a lesser role when the trial began. 

Dubé told Judge Anne Richard on Tuesday he'd be ready to continue Wednesday. But when the case resumed Wednesday morning, he asked for a delay of two to four weeks to review material related to the case.

Crown prosecutors initially objected, but later said they'd consent if Bard waived his Charter right to be tried in a timely manner for the period between the start of the trial and its conclusion. Dubé previously filed a request for Bard's charges to be stayed, arguing that his right to a speedy trial has been violated. 

Dubé on Wednesday said Bard wouldn't waive that right and Richard said testimony would continue.

The first witness was Saly Davis, a co-owner of a business Bard allegedly defrauded, who testified earlier in the trial. Davis was recalled after Matheson said he may not have been fully competent during her testimony and cross-examination. 

With Davis back in the witness box, the judge turned to Dubé and asked if he had questions for her. 

"No questions," Dubé replied. 

"She was brought back at defence request to have further cross-examination in light of the comments that defence counsel Matheson had given on May 1 related to his ability to understand what happened, or his health on April 30," the judge said. "So in light of that, you still don't wish to cross-examine or ask any questions of this witness?"

Dubé said he wasn't ready to continue Wednesday.

"You're not prepared?" Richard asked. "Since the time of this particular trial you've had no preparation for the witness even though we've discussed on a number of occasions that she was going to be re-testifying on cross-examination?"

Dubé repeated he had yet to review the boxes of documents so he wasn't ready to ask questions.

The judge dismissed Davis and the Crown called its next witness. 

Mario McGraw, an intelligence officer in Moncton with the Canada Border Services Agency, testified about a list of times Bard re-entered Canada between January 2016 and December 2020.

The list included 30 entries — many of them through airports in Toronto and Montreal in 2017 and 2018.

The trial has heard various references to Bard travelling overseas during the time he allegedly was defrauding or stealing from businesses. Witnesses have testified Bard claimed to be working with businesses in Spain or Italy.

Dubé said he had no cross-examination questions for McGraw. 

Testimony is expected to resume Friday.