http://www.cbc.ca/player/News/Canada/Calgary/ID/2474188780/
Transcript: Crown prosecutor speaks on Nathan O'Brien case
This is not an official transcript and is not connected to any of the parties involved.
This is a rough draft, and all the errors are my own.
Shane Parker (SP) speaks about the case against Douglas Garland.
Please note, the Mr. Ross referred to in this transcript is Kim Ross, who is DG's lawyer. (
http://www.thestar.com/news/canada/2...r_charges.html)
Shane G. Parker is a Crown Prosecutor. He was called to the bar in NS in 2001, in AB in 2006. He became Queen's Counsel in AG in 2013. He serves in the Special Prosecutions branch of the Dept. of Justice and Solicitor General.
http://www.canadianlawlist.com/listi...parker-600465/
SP: The first arraignment is where the accused gets to hear his charges. Mr. Ross waived those charges for today. We're still in Provincial Court so obviously nothing of any substance is gonna happen in there.
We're waiting for disclosure from the Calgary Police Service. It normally takes about thirty days in a major crime for them to be able to get it together. It's a little more challenging in the case because of the speed of the investigation, and, really, how it's been transitioning through the course of the two weeks with co-ordinating both a homicide investigation and a missing person investigation. And, really, we've taken what would normally be a very large-scale investigation and tried to condense it down to a two week period.
So, as a result, disclosure is usually one of those things that gets put off on the back burner. The police have been doing a very good job in this case in trying to keep up with it, but I know they're gonna need some more time.
That being said, and, speaking with the investigators yesterday, the day before, they feel that they're confident that they can get a significant amount of disclosure, but not all of it, out for the next two, two and a half weeks. The crown then still has to look at it to make sure that we--we assess it to make sure everything that goes with it or is appropriate and then it will go to Mr. Ross.
So, while we have August 14th as the next day for him to start to schedule things. The next thing will also be a preliminary inquiry to be scheduled. That may or may not be occurring on the 14th. We may still need another further delay on that day, but I would think the 14th is a reasonable day for us to try and at least know where we are in the process.
Reporter: How difficult would it be to go ahead to trial without the bodies?
SP: We've done it before, and we'll, we'll do it again. It's obviously more challenging because bodies provide a whole lot of evidence for a jury. They provide a whole lot of evidence from a forensic standpoint normally for the police, and, without that, it's--we're missing a few bullets. But, that being said, I've been the advisory of the Crown on this file since the beginning. I'm familiar with the evidence. And, I'm confident that we can make all the elements of the offence beyond a reasonable doubt.
Reporter: What makes you hopeful that you will be able to handle this without the bodies?
SP: I think the nature of the evidence--and, obviously today I'm not going to be going into any of the specifics about evidence, the specifics of it, but there are a number of circumstances that we've used in past cases which, I think, apply to this one as well.
And, we still have time. We're still hopeful that the police are gonna continue on with their searches. I think the Chief of Police has already given that commitment. The investigators are certainly working tirelessly to try and continue the investigation--not only in finding bodies, but other sources of evidence as well.
So that we're uh, this is not an investigation that's over and done with by the charges being laid. Its continuing on, and we're hoping to continue to gather more evidence.
Reporter: Can you tell us in general about those circumstances you used in the past and just what you look for?
SP: Sure. The circumstances we typically look for are banking activity or non-banking activity, lack of contact with people, we look at the crime scene itself. In this case, we've also looked at the fact that there's been no ransom notes provided. So we're looking at factors generally like that. We've looked at in cases that are before the courts now, and also that I've dealt with in the past.
Reporter: Shane I don't know if you can answer this or not, but is the primary crime scene the home from where they went missing?
SP: You know, I think there's been two primary search sites and for now those have been the focus of it. But, you know, I know Mr. Liknes was in talking to you earlier about the co-operation of the Calgary police or the citizens of Calgary, and it really has been outstanding. So, we've gotten evidence from other sources than just those two locations.
And it really is because of the good folks, the good citizens of Calgary doing their civic duty and picking up the phone and calling the police and helping out. So I would encourarge people to continue to do that because we're getting evidence from a number of different sources. And that's really encouraging from a community standpoint.