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Accident – Death – Obituary News : Lawyer Unavailable for Banff Murder Case, Trial Delayed
The lawyer representing a murder suspect in Banff will not be available for a four-week jury trial until January 2025, according to a recent court hearing. However, Justice David Labrenz deemed this delay unacceptable and ordered the case to be brought back to the Calgary Court of King’s Bench next week to explore the possibility of setting earlier trial dates for John Sproule.
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During the hearing, defence counsel Matthew Browne, appearing on behalf of trial lawyer Derek Jugnauth, informed Labrenz about the unavailability of Mr. Jugnauth for a four-week hearing in 2024. “Sir, this matter is here to set a four-week trial,” Browne stated. “I can advise the court that Mr. Jugnauth’s earliest availability for a four-week trial is January 20th, 2025.”
Crown lawyer Lori Chambers expressed concerns about the significant delay, as the assigned prosecutor for the case “is essentially available all of next year.” Chambers stated, “I have concerns about setting a matter over…14 months from today.” The Court of King’s Bench trial coordinator suggested that the earliest available four-week period would be from October 1st next year.
Justice Labrenz acknowledged the concerns raised and emphasized the potential unfairness to the civilian witnesses involved in the case. “It will be predominantly civilian witnesses, it was a matter that happened outside a bar,” Browne explained. Recognizing the importance of conducting trials in a timely fashion, Labrenz stated, “An accused has a choice, but that choice isn’t unfettered. That choice also has to be weighed against other administration of justice concerns.” He further added, “Frankly, October is disgraceful for those witnesses, but going beyond that is just too far, it’s too long.”
Labrenz determined that an earlier date should be considered and adjourned the matter for a week to allow counsel to explore the availability of earlier trial dates. He also agreed with Chambers to set aside the October dates until then, to determine if Jugnauth can adjust his schedule or if the accused can find a lawyer who is available.
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The accused, John Sproule, aged 21, is facing second-degree murder charges in connection with the fatal stabbing of Banff resident Ryden Brogden on September 3rd. Brogden, 27, was killed outside a Banff bar around midnight that day. Sproule is currently out on bail awaiting trial.
This case has garnered significant attention in the community, with residents anxiously awaiting justice for the victim. The delay in the trial has raised concerns about the impact on the witnesses’ memories and the overall administration of justice. The court will reconvene next week to determine a more suitable trial date that respects the rights of the accused while ensuring a fair and timely trial for all parties involved..
