Murder trial

Lawyer files unreasonable delay motion in the Gakmakge case

Gatineau lawyer Christian Deslauriers, defending imprisoned Aylmer resident Khalid Gakmakge, filed an unreasonable delay motion in mid-February. Deslauriers argued that Gakmakge has waited too long for a new trial, and should be freed. The Crown argued otherwise.

Gakmakge was found guilty by jury of killing his estranged wife Lucia Medeiros in 2008, but because of judicial error, Gakmakge appealed and won. In February 2015, the Quebec Court of Appeal (CA) declared a mistrial because the defendant was, in short, denied a full and complete defence. The CA ordered a new trial 24 months ago, which has yet to take place.

With the backlog in the courts, Me Deslauriers argued that it would take too long before a new trial, in front of a jury, could be organized. The Crown argued that Mr Gakmakge’s has already been found guilty -- in the first trial, which was held in reasonable time.

Deslauriers’ motion follows the Supreme Court’s “Jordan decision” last summer which saw new trial delays announced. Reasonable delay was set at 18 months for “cases in the provincial court, and at 30 months for cases in the superior court (or cases going to trial in the provincial court after a preliminary inquiry).” Since that decision, a flurry of “unreasonable delays” have been filed across the country.

In his mid 40s, Mr Gakmakge has been in custody for over 100 months, since the December 2008 tragedy on Framboisiers Street. The judge should announce her decision on Me Deslauriers’ motion in
mid-March.