Too many direct indictments: lawyer

Manitoba Justice is skipping preliminary hearings in court cases too often, a Winnipeg defence lawyer said Mondayafter the collapse of the Crown's case in a high-profile trial that proceeded by direct indictment.

On Monday, a judge acquitted Jeffrey Cansanay of all charges connected with a shooting in October 2005 that killed Phil Haiart, 17, and injured another man.

The Crown had obtained a direct indictment for the case, which meanttherewas nopreliminary hearing to determine if the Crown had enough evidence to proceed.

Winnipeg defence lawyer Sarah Inness told CBC she's concerned about the frequency with which Manitoba Justice seeks and obtains direct indictments.

"I have a concern that preliminary hearings aren't being utilized enough to test the evidence before cases are going to trial," she said.

"The difficulty that can happen in a case such as this is the Crown and the defence don't have a clear opportunity well in advance of the trial to truly assess whether or not there is going to be any evidence upon which the accused person could be put to trial and could ultimately either be found guilty or not guilty."

Now that Cansanay has been acquitted, he cannot be retried, unless the Crown tries to appeal the judge's ruling as an error of law.

Another suspect, who cannot be named because he was a minor at the time of the shooting, is also facing charges of second-degree murder and attempted murder. His case was expected to go to trial later this year.

Phil Haiart was killed in October 2005 by what prosecutors argued was a stray bullet fired in a drug war in Winnipeg's West End.

The Crown's case fell apart after two gang members who were expected to testify about events the night of the shooting refused to testify, and the judge refused to admit videotaped statements they'd made to police into evidence.

This is not the first time the use of direct indictments has sparked controversy in Manitoba.

In his report on the inquiry into the wrongful conviction of James Driskell, whose murder conviction was quashed after he spent more than 12 years in prison, inquiry commissioner Patrick LeSage recommended policy be revised to ensure direct indictment is only used in the most exceptional circumstances. He also recommended changes to the process used to obtain the orders.