Prosecutor looking to avert another delay in Devon Larabie murder trial in N.W.T.
The prosecutor wants to make sure the trial of Devon Larabie will go ahead in November and there won't be any last minute changes to postpone it.
By that time it will have been three and a half years since the body of Breanna Menacho was discovered in a Yellowknife apartment. Larabie is charged with second-degree murder in the death of the 22 year old.
Larabie, 30, sat slouched in a chair in a room at the North Slave Correctional Complex, appearing by video in Northwest Territories Supreme Court in Yellowknife on Wednesday. The prosecutor was applying to have a lawyer appointed to shadow Larabie's lawyer, Michael Spratt, through to the trial and during it.
"We're trying to maximize our chances of proceeding in the fall of 2023," prosecutor Blair McPherson told the judge.
McPherson then reviewed the delays in the case so far. Spratt is the fourth publicly-funded lawyer to represent Larabie in the case. Larabie dismissed his first lawyer early on. He fired his second lawyer just before his preliminary inquiry was to begin. Last September, he fired his third lawyer the day before his trial was to begin.
If appointed, a shadow lawyer (known as an amicus, or friend of the court, in Latin court terminology) could step in if Larabie fires his current lawyer. The lawyer would act as an advisor to Larabie, who would then be representing himself.
Spratt did not oppose the Crown's application, adding, "I don't foresee any issues between myself and Mr. Larabie."
McPherson said if Larabie does end up representing himself, he will need help because of the complexity of the case. Forensic experts will present fingerprint and DNA evidence. The prosecutor said the case involves intoxication and the effect that may have had on Larabie's actions.
McPherson said at this point, he's looking at calling about 70 witnesses, including five people who were in the apartment when Menacho was killed. McPherson said those five witnesses remain traumatized and cannot be questioned by Larabie himself.
The trial is scheduled to be held in front of Gates with no jury over five weeks starting Nov. 14.
Courtroom complications
The matter was to be decided on Wednesday, but the court appearance was fraught with complications that had nothing to do with the case. Deputy Justice Michel Gates, Larabie and Spratt were appearing by video. But Gates, who was in Whitehorse, could not connect to the video conference. Technicians tried for an hour to fix the problem but could not. Gates ended up phoning in.
Gates then realized he was missing some of the documents the prosecutor had submitted to support the application.
"I specifically asked if there has been anything filed recently and was told no," said the judge. "I don't know we're in a position to proceed with this today."
Gates said he wanted to see the documents. He also wants the lawyers to reach some agreement on the specific role the shadow lawyer would play when Spratt is representing Larabie and the role he will play if Larabie fires Spratt.
Gates postponed a decision on the application until those matters can be dealt with. The case is back in court on March 10.
