Greg Fertuck's 1st-degree murder trial delayed into the new year

The first-degree murder trial of Greg Fertuck won't be resolved until at least 2023, after the court matter hit yet another delay.

Fertuck is accused of shooting his estranged wife, Sheree Fertuck, to death in December 2015 at the gravel pit near Kenaston, Sask., where she worked. Sheree was 51 years old and a mother to three children. 

Her body has never been found, but Greg was arrested in 2019 after he told undercover police officers that he had killed her and got rid of the body. 

Police targeted him in an elaborate undercover police operation known as a "Mr. Big sting." 

The judge-alone trial began at Saskatoon's Court of Queen's Bench in September 2021. Because of the complex and controversial nature of the sting, the entirety of the Crown's evidence was called within a series of voir dires — trials within trials. The voir dires include Greg's statements made to undercover police, as well as interrogations and interviews. 

Justice Richard Danyliuk needs to rule on whether these statements are admissible to the murder trial as evidence. 

He was supposed to make his decision in September, but the decision is now scheduled for January. 

Judge says defence caused delay

On Wednesday, Danyliuk said the responsibility for the delay lies solely with Greg's lawyers. In order for him to make a decision, he must assess arguments from the defence and Crown lawyers. These were supposed to be submitted this month.

Earlier this year, the defence lawyers said they needed to review trial transcripts to help prepare their argument.  However, the court then learned transcripts would not be ready until mid to late summer.

The court registrar asked the lawyers about whether they needed more time because of the delay. The Crown prosecutors said no, but Danyliuk said the defence lawyers did not respond for five weeks.

During that time, Danyliuk's schedule for the end of the year filled up with other murder trials. Danyliuk was not impressed by the delay. He noted Greg is still cloaked in the presumption of innocence and has been in jail for months. 

Fertuck expressed his own frustration in a series of outburst directed at Danyliuk.

"Thirty-seven months for nothing," he said. "I should have been out on bail long ago."

Fertuck also said he has asked his lawyers to submit a bail application or a Charter application because of the delay. A ruling made by the Supreme Court of Canada in 2016 put limits on the amount of time an accused person should have to wait to fight charges.

People who wait longer can apply to have their case dismissed and it is up to Crown prosecutors to convince the judge that the delay was reasonable or unavoidable. 

Fertuck suggested his lawyers have given him the "runaround" and said the applications would not be in his best interest.  

Danyliuk encouraged Fertuck to stop talking and to communicate with his lawyers — who have the skills and expertise required to run a trial — saying he would deal with any application that was brought before him in an appropriate manner.

Fertuck didn't stop.

He accused the Crown of planting false evidence during his 2020 bail hearing and suggested that three police officers lied while testifying at this trial.

The Crown took issue with all allegations of misconduct. Danyliuk assured the court that he would decide the case only on admissible evidence.

"I know the stakes could not be bigger for you," Danyliuk told Fertuck, warning him not to speak further.

"You're not helping yourself."

"I have discussed this matter with my lawyers to no avail," Fertuck responded.

Danyliuk decision on the voir dires is scheduled for Jan. 12, 2023.