A man who is in jail while he waits for his trial was charged today with witness tampering.
Regional Crown Prosecutor Suzanne Reid introduced new charges against Drayden Clinton of intending to provoke fear in a witness and obstruction of the course of justice on June 22, 2021.
Clinton, 25, has been denied bail twice and has been in custody since January 2020 after he was arrested and charged with a violent home invasion, robbery and numerous weapons-related offences.
Defence waived Clinton’s attendance today in North Battleford Provincial Court and asked for a two-week adjournment to review the new charges.
In 2020, Clinton was arrested in connection to several separate incidents. He was charged with unlawful confinement, uttering threats, carrying a weapon for a dangerous purpose, assault with a weapon, use of a prohibited firearm while committing robbery, wearing a mask in the commission of an offence, possession of ammunition while prohibited, possession of brass knuckles, possession of a controlled substance, commit bank fraud over $5,000, break, enter and theft, and possession of property obtained by crime.
Charter applications
Last week Clinton’s lawyer Tom Stepper filed two Charter applications seeking to have the charges against his client dropped.
The Jordan Application seeks to have Clinton’s case thrown out of court due to unreasonable delays.
Clinton’s trial was scheduled and delayed three times.
The first trial was scheduled in June 2020 and was adjourned at the request of the Crown because of the Covid-19 pandemic.
The second trial was scheduled for September 2020 and Prosecutor Reid told the court that the Crown was prepared to proceed but the trial was adjourned after Clinton sent a letter to the court with new evidence.
The third trial was set for December but was adjourned due to COVID-19.
In 2016 the Supreme Court of Canada ruled cases must be heard within a certain time frame. Jordan’s Decision stipulates that once charges are laid, provincial cases must be heard within 18 months and superior court cases within 30 months.
“We are at 19 months,” Stepper told the court June 30. “That’s unreasonable delay.”
Prosecutor Reid, however, argued that the delays are reasonable because they are the result of the COVID-19 pandemic and Clinton himself. She said delays due to COVID-19 are considered exceptional circumstances under the Jordan Principle.
She also argued that when Clinton introduced the letter to the court as new evidence it was an attempt to thwart justice and cause a delay.
The Sinclair Application seeks to have the court rule that Clinton’s rights to have counsel were violated when he wasn’t given the right to make multiple phone calls to a lawyer.
When Clinton was arrested last year he was given the opportunity to speak with a lawyer, which he did. After the phone call, however, the RCMP started questioning Clinton about the Macklin hotel robbery, which Clinton didn’t know he was being charged with at the time he first called his lawyer.
Prosecutor Reid argued that Clinton’s jeopardy didn’t change when the RCMP started questioning him about the hotel robbery and he didn’t have the right to speak with a lawyer again.
Judge Daniel O’Hanlon reserved his decision on the Jordan and Sinclair applications until Aug. 30.
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