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The first-degree murder trial of Dean Penney was delayed on Thursday morning when the court was told there weren’t enough sheriff’s officers to bring the accused to court.
Justice Vikas Khaladkar issued a stern call from the bench, calling on the justice minister to take immediate action to ensure this doesn’t happen again.
“We have a deplorable state of affairs. Mr. Penney is not present in court this morning because the province of Newfoundland and Labrador does not have sufficient resources to make sure that he’s here for his trial,” Khaladkar said in a statement directed to members of the media.
“I’m asking the minister of justice to take this matter in hand and ensure there are enough officers in court in Corner Brook to handle this trial.”
Khaladkar pointed to the Supreme Court of Canada’s decision in R. v. Jordan, which set strict timelines for finishing trials — 30 months in superior courts and 18 months in provincial courts.
“That clock runs out in June. So if there’s a delay, it’s going to be an institutional delay. It’s not Mr. Penney’s fault that he’s not here and it’s not the Crown’s fault he’s not here. It’s the court and the system’s fault.”
Khaladkar said a suggestion was made to have Penney appear by video from the lockup instead — a suggestion he said was inappropriate.
“That’s absolutely wrong. There’s no way that can happen in a murder trial. This is not a speeding ticket. He is facing potential life in prison and it’s not appropriate to handle matters in that way.”
Penney was eventually brought to court, and correctional officers were brought in to fill the void left by the absence of sheriff’s officers.
Penney is accused of killing his estranged wife, Jennifer Hillier-Penney. His trial began on Wednesday with opening statements, in which a Crown lawyer alleged Penney confessed to the murder to an undercover RCMP officer.
Penney has pleaded not guilty.
Penney’s lawyers said combined pressures Penney was under made that confession unreliable, and that Penney will testify during the trial slated for four weeks.
The only proceeding on Thursday was the cross-examination of Hillier-Penney’s sister, Yvonne Decker.
The second day of Penney’s murder trial did not go as planned. Justice Vikas Khaladkar dismissed the jury, stating the court could not continue due to the lack of sheriff’s officers. The province stated that they are working on retention issues in court. But the union called the entire situation embarrassing. Colleen Connors has more from Corner Brook.
On Wednesday, Decker told the court that she was riding in a car with Hillier-Penney the night before her disappearance, and that Hillier-Penney got a phone call from an upset Penney about when she would be coming home.
Decker was briefly brought to the stand on Thursday. Jeff Brace and fellow defence lawyer Mark Gruchy said they had no further questions for Decker, and the decision was made to end proceedings for the day once that process was complete.
Correctional officers left the courthouse with Penney around 10:45 a.m. NT, and won’t return for the rest of the day.
The trial will break for Good Friday before resuming on Monday.
Justice department ‘working very diligently’: Minister
Speaking at a news conference on Thursday afternoon, Helen Conway Ottenheimer said that adequate staff will be in place when Penney next appears in court.
“Department officials have been in touch with the Office of the High Sheriff, and we have been assured that there will be sufficient sheriff’s officers in Corner Brook for the trial on Monday,” the Minister of Justice and Public Safety said.
When asked if that means pulling sheriff’s officers from other locations to make it possible, Conway Ottenheimer said she would leave operations to be handled by the Office of the High Sheriff.
Jerry Earle, president of the Newfoundland and Labrador Association of Public and Private Employees, said the delay highlights problems for his members that are years in the making and haven’t been properly addressed.
“When this is not addressed, you’ll see the impact. And I can’t imagine, I can’t imagine [what] the people in that community, the family there is feeling when this could have been avoided had the voices of front line workers been listened to weeks, years, and many years ago,” Earle said.
“It should be an embarrassment for the government. But it’s unforgivable. We should not have been in this situation.”
Earle said the use of correctional officers in place of sheriff’s officers needs to be explored further. The two roles share competencies, he said, but operate in Newfoundland and Labrador under different collective bargaining agreements.
Their interchangeability was featured in a report released by the province’s Provincial Court Working Group. Conway Ottenheimer said Thursday that addressing staffing issues in the court is a key priority for government.
“We are working very diligently to address them as quickly as possible.”
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