DRUG CASE STAYED DUE TO DELAYS

Cocaine-Conspiracy Charge Laid In 2004

One of six men accused in a major cocaine-conspiracy case has had his
charge stayed due to more than five years of delays, which a judge
found to be unreasonable and a violation of his Charter rights.

In October 2004, Jason James Horner, 35, was charged with conspiracy
to traffic cocaine. Prosecutors alleged he was a courier who
attempted to help transport two shipments totalling 30 kilograms of
cocaine from B.C. to Ontario.

His trial was scheduled to begin with a so-called voir dire, or trial
within a trial, in April 2005, but since then has been repeatedly
adjourned, for a variety of reasons.

The latest scheduling had his voir dire continuing May 19, with the
trial concluding Dec. 31. The total time from the charge to the end
of the trial would have been 621/2 months, a delay that was far too
long for B.C. Supreme Court Justice Peter Leask.

"A principal cause of the delay in this case was the difficulty of
scheduling time in the provincial court," said the judge in a ruling
posted on the Supreme Court website on Friday.

Leask attributed 32 months of delay to "limits on institutional
resources" in the provincial court and another 61/2- month delay he
lay at the feet of prosecutors.

The judge cited an affidavit from Horner which he said provided
evidence of prejudice to the accused by the delays.

Horner was unaware that he had a daughter, a child born in July 2005,
until he was served with court papers for maintenance, and it was 18
months before he was allowed overnight access to the child.

He became engaged in December 2006, but his fiancee has refused to
marry him because of the court case.

His recovery from a work-related injury has "greatly added" to his
psychological stress and affected his healing process, says the affidavit.

"The delay has caused serious prejudice to the applicant's security
interest in that he has been seriously impeded from developing a
relationship with his infant daughter Summer, as well as further
developing his relationship with his fiancee and their daughter
Sabrina," said Leask.

The other accused, including former boxer Robbie Della Penna, are
scheduled to be back in court this week.

Federal prosecutor Chris Greenwood said Leask's ruling would be
studied for a possible appeal.