Behchoko man's 2nd sex-assault trial called off after lawyer resigns
The second sexual assault trial of a Behchoko man has been called off, after the man's lawyer resigned.
"I regret to inform the court that the solicitor-client relationship has broken down between me and Mr. Dryneck, so I am no longer able to assist him," said Alanhea Vogt, the lawyer for Chris Dryneck, Wednesday morning.
Chris Dryneck was charged more than three years ago. His first trial, held in December 2017, was declared a mistrial because he was not provided with a Tlicho interpreter.
Vogt had successfully argued Dryneck should have been provided with an interpreter after he fired his original lawyer.
After a delay to consider what to do as a result of Vogt's resignation, N.W.T. Supreme Court Justice Louise Charbonneau said, "I do not think it is realistic to try to save this trial at this point."
The judge said it would be unfair to expect Dryneck to represent himself. The 47-year-old has no formal education, is legally blind and cannot read or write.
Charbonneau said it would be unreasonable to expect another lawyer who is unfamiliar with the case to step in and represent Dryneck this week. She directed Dryneck to immediately contact legal aid about getting another lawyer.
"One way or another there will come a time when this trial will have to proceed," said Charbonneau. "It's not good for anyone, including you, to have this hanging over your head much longer."
Request for delay due to anxiety
Wednesday morning's appearance was supposed to be about a request Vogt made the day before to postpone Dryneck's second trial.
She had submitted letters from two doctors saying Dryneck is suffering from severe anxiety and panic attacks directly related to the trial. One of the doctors wrote that Dryneck has just started taking medication but it will take some time for it to take effect. The doctor said the trial should be delayed for four months.
Vogt said she received the letters late Thursday just before the Easter weekend.
Crown prosecutor Jay Potter had opposed delaying the trial. He said he wanted more detail on Dryneck's illness and one of the doctors should testify in court about it.
Potter said a police officer had flown in from Inuvik on Tuesday to testify, and a DNA expert was leaving Ottawa the same day in anticipation of testifying Wednesday. The complainant has taken time off her job to testify.
Back in court Friday
Both sides are scheduled to return to court on Friday. Charbonneau has directed that a representative of legal aid be there to provide an update on Dryneck's application for a new lawyer.
Dryneck was listening in on the proceedings by phone from Behchoko, with an interpreter in Yellowknife translating everything that was said into Tlicho.
