A man accused of sexually assaulting a 14-yr-frail girl has had the charge against him stayed after a mediate realized inaction and miscommunication by the RCMP and Crown prosecutors resulted in seven years of delays.
Frank Graham develop into charged with sexual assault and arrested in Thompson, Man., in March 2011.
He develop into launched on prerequisites including that he ought to are living in Thompson. Even though he confirmed as a lot as court docket twice after that, Graham did now not appear in court docket a third time and moved to Edmonton.
In an Aug. 5 decision in Manitoba’s provincial court docket, Judge Stacy Cawley acknowledged that even when RCMP and the Crown knew where Graham develop into in 2012 and 2014, he develop into now not arrested until 2019.
When he develop into introduced support to Manitoba, there develop into more than a yr of delays earlier than a trial date develop into region.
It would be 10 years and three months from the time Graham develop into arrested in 2011 to the time of his trial. Cawley acknowledged inaction by the Crown and the RCMP precipitated seven years of that delay.
“That is a serious sexual assault allegation involving a younger complainant, but even basically the most serious charges can’t diminish the lawful to trial within an inexpensive time,” Cawley wrote in her decision.
“The severity of this charge is precisely why the Crown and the RCMP must contain acted with realistic diligence to arrest Graham when they’d the possibility.”
In her decision, Cawley acknowledged Graham’s lawful to be tried within an inexpensive time develop into violated, and stayed the charge of sexual assault against him.
TIMELINE SINCE GRAHAM’S ARREST
In her decision, Cawley reviewed the case from the time of Graham’s arrest to the trial date – a length of more than a decade.
The following is a timeline of events highlighted in Cawley’s decision.
JUDGE SAYS GRAHAM’S ARREST SHOULD HAVE BEEN A ‘PRIORITY’
In her decision, Cawley acknowledged there would possibly be now not one of these thing as a inquire of that Graham precipitated a delay when he fled from Thompson in 2011. However, she acknowledged RCMP and the Crown knew Graham develop into in Alberta in 2012 and 2014.
“He develop into now not hiding. He would had been easy to find had the RCMP exercised realistic diligence,” Cawley acknowledged. She added that she accepts Graham believed his charges were stayed when he develop into launched in 2012.
She acknowledged the steps by RCMP and the Crown to elongate the warrant and arrest of Graham develop into “too miniature, too tedious.”
“Given the severity of the charge, Graham’s arrest must had been a precedence,” she acknowledged.
RCMP would now not commentary on the choice. A spokesperson for Manitoba Justice informed CTV News the division understands the importance of addressing case delay points in the province.
“Well timed execution of warrants and increased documentation of those efforts are of the utmost importance,” the spokesperson acknowledged in an announcement.
“Whereas we’re now not ready to discuss about points connected to a explicit case, authorities will continue to work with key stakeholders to contend with delay points in the coming weeks and months.”
None of the allegations against Graham were ever examined or proven in court docket.
-with recordsdata from CTV’s Jill Macyshon