Bookmark and ShareCrime

Update: Preliminary hearing in historical homicide case set for September

Monday, February 8th, 2010 | 2:34 pm

GD Star Rating
loading...

Murder suspect Neil Snelson (Photo contributed)

Update: 10/02/08/ 2:34 p.m.

Three weeks have now been scheduled for the preliminary inquiry in the Jennifer Cusworth murder case.

The hearing is set to kick off Sept. 13, 2010, and a judge will decide afterwards whether there is enough evidence to send accused killer Neil Snelson to trial.

He remains in custody and has not applied for bail.

Update: 10/02/01/ 3:43 p.m.

It’ll be at least another week before the dates for Neil Snelson’s preliminary hearing are officially scheduled.

A justice of the peace this morning granted defence counsel Wade Jenson another week to finalize dates for the matter, which the Crown prosecutor, who works out of Kamloops, has indicated may go ahead in August.

Jenson is due back in court next Monday to try to confirm the dates.

Posted: 10/01/28/ 1:53 p.m.

By Adrian Nieoczym

The man charged with the 1993 slaying of 19-year-old Jennifer Cusworth likely won’t go to trial until next year.

“The earliest is late 2010, more likely is early 2011,” said crown counsel Iain Currie after a pre-trial conference in the case of Neil Snelson, who is accused of killing Cusworth almost 17 years ago.

The purpose of today’s pre-trial conference was to figure out how much court time needs to be set aside for a preliminary hearing in the matter. At that hearing, the crown will lay out its evidence and a judge will decide if it is sufficient to take to a trial.

Today, Judge Ellen Burdett concluded the preliminary hearing will require three weeks. While the exact dates have yet to be set, Burdett said, “August I expect would be the earliest,” it could take place.

The biggest logistical challenge in scheduling the hearing -which is expected to hear from more than 30 witnesses- is a lack of courthouse staff.

Burdett said it’s possible an extra courtroom could be opened especially for the preliminary hearing but that a shortage of clerks and sheriffs at the Kelowna courthouse makes it a hard thing to do.

Those expected to testify at the preliminary hearing include police officers, pathologists and forensic investigators involved in the case, as well as people who were at a house party attended by both Cusworth and Snelson in the hours before she was murdered. In addition, a taxi driver who may have seen Cusworth after she left the party along with a prostitute he was carrying as a passenger may be called to testify, provided they can be located.

At today’s hearing, Currie laid out some of the evidence the crown will be using to try and prove its case. However, Kelowna.com is not reporting on it because of our legal responsibility to avoid publishing information that could taint potential jurors.

Actual trial dates cannot be set until after the judge at the preliminary hearing decides there is enough evidence to proceed.

“It will probably be a much longer trial than a prelim,” said Currie.

adrian@kelowna.com

250-575-3517

Update: Preliminary hearing in historical homicide case set for September3.753

Bookmark and Share

4 Responses to “Update: Preliminary hearing in historical homicide case set for September”

  1. JenW says:
    GD Star Rating
    loading...

    Was a date set for the pre trial at today’s hearing?

  2. JenW says:
    GD Star Rating
    loading...

    Does any one know if the 2 for 1 credit on time served is still in affect?

  3. Joe Fries says:
    GD Star Rating
    loading...

    Yes, 2-for-1 credit still exists. As I understand it, the bill to get rid of it made it through Parliament, but was still waiting to be enacted by a committee when the session was prorogued.

    However, the credit would be 1-for-1 on a murder sentence where a person must serve a defined amount of time before being eligible for parole.

  4. JenW says:
    GD Star Rating
    loading...

    Thanks Joe

    Please continue discussion on the forum: link

Leave a Comment





Tags: ,