The trial looking into the 2011 daylight shooting of BC gangster Jonathan Bacon will resume today in a Kelowna courtroom.
Jason McBride, Michael Jones and Jujhar Khun-Khun have been on trial since May, but proceedings went on a break at the beginning July for two-and-a-half weeks.
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Breaks and delays have been a regular feature in the case. The three accused were arrested in 2013 and with all delays taken into account it took four years to get it to court.
When the trial finally got underway, McBride, Jones and Khun-Khun unsuccessfully applied to have their charges thrown out.
Their application was based on the Supreme Court of Canada’s ruling in R. v. Jordan, which set out a new framework for analyzing a violation of the Charter.
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To get the matter to trial was above the 30-month threshold established in the Jordan case for trials in Superior Court, which means the Crown will be required to show exceptional circumstances to rebut the presumption that the delay was unreasonable.
Khun Khun, McBride and Jones are each charged with one count of murder, four counts of attempted murder and numerous gun charges.
Bacon, a Red Scorpion gang member, was shot to death outside the Delta Grand Hotel on Aug. 14, 2011. In his vehicle during the attack were Larry Amero, a Hells Angel, James Riach, of the Independent Soldiers, Leah Hadden-Watts, who was paralyzed in the incident, and Lyndsey Black.