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The suspect within the loss of life of an Alberta girl whose physique was discovered alongside a BC freeway will get public funding to rent an knowledgeable to evaluation the health worker’s report.
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Crown prosecutor Joe Mercier appeared in Calgary Court docket of King’s Bench on Friday and requested Justice David Labrenz to signal a consent order to have the province pay for the second opinion.
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“As a part of the defence, they wished to retain an knowledgeable pathologist to evaluation the health worker’s report and in consequence they introduced a Rowbotham software,” mentioned Mercier.
“The Crown agreed to that software.”
Vancouver lawyer Talia Magder, who’s representing Toner, didn’t seem in the course of the transient proceedings.
Rowbotham functions are made when an accused individual is refused Authorized Help cowl to hunt public funding for counsel, or as on this case, an knowledgeable report that the suspect wouldn’t usually have the ability to afford.
Philip Toner, who appeared in courtroom by way of video hyperlink from the Lethbridge Correctional Centre, is predicted to face a three-week jury trial beginning June 12.
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Toner (42) is charged with second-degree homicide in reference to the invention on Might 6, 2021 of the physique of Brenda Ware alongside Freeway 93, about 54 kilometers north of Radium within the Kootenay Nationwide Park.
He was arrested in Lake Nation, BC, after the grim discovery.
On the time, police mentioned Ware was touring from Didsbury to BC in a 2019 purple Jeep Cherokee with Alberta plates.
“Brenda Ware and Toner had been identified to one another, however the nature of that relationship is not going to be disclosed at the moment,” Supt. Sanjaya Wijayakoon of the BC RCMP’s main crime division mentioned on the time.
Though police haven’t disclosed the place Ware is believed to have been killed, the truth that Toner is being prosecuted in Alberta means she should have been lifeless earlier than crossing into BC
– With information from Vancouver Solar
KMartin@postmedia.com
On Twitter: @KMartinCourts
