Ottawa

Accused killer expected to file for 2nd stay in murder case

Accused killer Adam Picard is expected to file for a second stay of his 2012 first-degree murder charge after the Court of Appeal ordered him to stand a new trial, CBC News has confirmed.

Adam Picard's 1st-degree murder trial now scheduled to start on Sept. 4

Adam Picard was charged with first-degree murder in the death of Fouad Nayel in 2012, but walked out of court a free man in 2016 after an Ontario Superior Court judge ruled court delays violated his right to a timely trial. (CBC)

Accused killer Adam Picard is expected to file for a second stay of his 2012 first-degree murder charge after the Court of Appeal ordered him to stand a new trial, CBC News has confirmed. 

The ex-soldier was scheduled to begin his trial in April but Superior Court Justice Kevin Phillips granted a motion to adjourn the matter to Sept. 4. 

In the meantime, Picard is expected to file a fresh motion, known as a Jordan application, for a stay of proceedings ahead of the start of the trial. The application has not yet been filed with the court. 

Police accused Picard of murdering 28-year-old Fouad Nayel of Ottawa, whose remains were discovered near Calabogie, Ont., in December 2012, some six months after he was reported missing. Police allege Nayel was fatally shot in a drug-related homicide. 

Nayel's mother, Nicole, told CBC News she was devastated by the news as the family had been anxiously waiting for the second trial to finally get underway this spring. 

"I'm disgusted by the whole thing," Nicole said. "We're not asking for much. All we're asking for is justice for our son."

She said her family feels ignored by the justice system, which she bluntly described as "a joke."

"It hurts because you can't move on with your life having a big, big weight on your shoulders," she said.  

Jordan decision set new standards

Picard first applied for a stay of proceedings in November 2016. Picard's then lawyer, Lawrence Greenspon, argued that the nearly four years it took to get the trial started violated his client's constitutional right to a speedy trial.

The accused relied on a Supreme Court of Canada ruling known as the Jordan decision, which set new standards for how long it should take a case to go to trial.

Justice Julianne Parfett granted the application, allowing Picard to walk a free man. 

But the Crown appealed to the Ontario Court of Appeal and won, sending the case back to trial. 

Picard is now being represented by Ottawa criminal lawyer Michael Crystal.