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Crown prosecutor Adam Karbani and protection lawyer Brian Beresh appeared earlier than provincial courtroom decide Lloyd Robertson on Friday to schedule the trial for June 27.
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However Karbani expressed reservations about ready so lengthy for submissions on a case that has taken practically a decade to wind itself by the courtroom course of.
“The Crown has actual issues about this date,” Karbani stated, greater than two weeks after Robertson expressed frustration at how lengthy it was taking to schedule sentencings.
On March 7, Beresh informed Robertson that his shopper’s scheduled knee alternative surgical procedure in Mexico had been postponed for a second time, leaving Aitkens doubtful about when he would go beneath the knife.
“The endurance of the courtroom is beginning to put on skinny this manner,” Robertson stated, giving Beresh extra time to find out his shopper’s medical schedule.
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Beresh stated Aitkens is now set for surgical procedure on Could 26 in Alberta, and he hopes the offender can have recovered sufficient for the June 27 listening to.
Robertson stated if Aitkens couldn’t attend in particular person, he might achieve this remotely through video hyperlink.
“We’re going to have the sentencings on that date.”
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Robertson had earlier indicated that he would reserve his choice on sentencing, which might doubtless scale back Aitkens’ sentence.
On July 20, 2020, the provincial courtroom decide discovered Aitkens (68) responsible of two prices beneath the Alberta Securities Act, together with fraud, over his dealings with traders in Legacy Communities Inc.
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“I’m happy that the defendant’s use of Legacy funds amounted to fraud,” Robertson stated in his prolonged choice.
“I discover that the accused was instantly concerned in acts and practices that he knew, or fairly ought to have recognized, would end in fraud to Legacy Communities Inc. and particular person Legacy traders. The accused’s conduct meets the felony definition of fraud.”
Karbani stated he had dates obtainable as early as subsequent week to hold out sentencing earlier than Aitkens’ Could surgical procedure.
“The proposed June date is nearly three years after conviction.”
However Beresh stated he was not made conscious of any issues when the listening to was scheduled by the courtroom.
He additionally stated his shopper waived any points associated to delay within the case.
In response to the courtroom file, Aitkens’ file has been earlier than the provincial courtroom for 112 months.
Aitkens, who’s free pending sentencing, was not at Friday’s proceedings.
KMartin@postmedia.com
On Twitter: @KMartinCourts
