More delays in trial of Moncton man accused of fraud, theft
Daniel Bard's trial already delayed due to defence lawyer's illness
The third week of Daniel Bard's trial began with more delays and discussions about how the trial will proceed.
Judge Anne Richard ruled that the defence's co-council Tim Dubé must be present for any evidence to be heard moving forward.
That means the trial will not proceed when Dubé is unable to attend court — even if defence lawyer James Matheson is present and able to represent Bard.
Bard, a 60-year-old former Moncton executive, is facing 19 charges, including fraud, theft, money laundering and possession of property obtained by crime.
Bard's trial, which began on April 22, was previously adjourned due to Matheson's health concerns.
In court Monday, Matheson said he was ready to proceed but that his health was still "day to day."
When given the chance to speak, Bard told the court he was satisfied with his defence and that he would have no issue with the trial continuing even if Dubé was unavailable.
Still, Richard said the duty of the court is to make sure Bard has a timely trial and that she was taking this approach "just to be safe."
Last Thursday, the trial was adjourned to allow Matheson more time to recover after he claimed he may not have been entirely competent during previous testimony due to his health.
"I obviously was in distress that day," Matheson said in court Monday, adding that he had made "significant improvements" over the weekend.
Following Matheson's statement last week, the Crown said they would recall any witnesses the defence needed.
Matheson said the defence would like Saly and Clinton Davis, two alleged victims of Bard, to deliver their testimony and be cross-examined for a second time.
Last week, the pair spoke about the impact that Bard's alleged actions had on them personally and financially. Bard is accused of stealing and defrauding their company of more than $5,000.
Some of the charges against Bard date back to his time as vice-president at 3+, an investment attraction agency funded by Moncton, Dieppe and Riverview which aimed to bring new business to the area.
Dubé, who had been appointed to handle cross-examination of witnesses to support Matheson last week, told the court that he won't be available for several days in the coming weeks due to conflicting trials in other courts, including Tuesday and Wednesday of this week.
After her procedural decision, Richard said she is prepared to add extra days to the trial if Dubé's schedule and other factors demand it.
"I'm very flexible to continue this trial for as long as we need to do so," she said. "June, July, August — whatever — I'll change my schedule."
The trial is set to resume on Friday due to conflicts in both Dubé's and Richard's schedules.
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