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This sad case has been out of the news for a long time. It seems the defence is bringing forward further challenges including the accused may not be fit to stand trial and Ware may not have died due to murder.
calgaryherald.com
“The suspect in the death of an Alberta woman whose body was found along a B.C. highway will undergo an assessment to determine his fitness to stand trial…
….Toner was arrested May 11 and charged by B.C. Mounties.
But because the case is being prosecuted in Alberta, the theory would have to be that Ware’s killing occurred before she arrived in B.C.
Following Toner’s arrest, RCMP said the deceased and accused were known to each other, but did not provide any details of their relationship.
In February, the Crown agreed to provide public funding so Magder could get a second opinion on the death of Ware, who worked as a hairdresser in Sundre.
Mercier appeared before Justice David Labrenz to have him sign a consent order to have the province pay for a forensic expert.
“As part of the defence they wanted to retain an expert pathologist to review the medical examiner’s report, and as a result they brought a Rowbotham application,” Mercier told Labrenz.
“The Crown has consented to that application.”
Rowbotham applications are made when an accused person is denied Legal Aid coverage seeking public funding for counsel or an expert report the suspect would normally not be able to afford.
Toner remains in custody pending a resolution to the case.”
Suspect in death of Alberta woman whose body was found by B.C. highway to undergo assessment
Murder suspect Philip Toner, who is charged in connection with the death of an Alberta woman found by a B.C. highway will undergo assessment
“The suspect in the death of an Alberta woman whose body was found along a B.C. highway will undergo an assessment to determine his fitness to stand trial…
….Toner was arrested May 11 and charged by B.C. Mounties.
But because the case is being prosecuted in Alberta, the theory would have to be that Ware’s killing occurred before she arrived in B.C.
Following Toner’s arrest, RCMP said the deceased and accused were known to each other, but did not provide any details of their relationship.
In February, the Crown agreed to provide public funding so Magder could get a second opinion on the death of Ware, who worked as a hairdresser in Sundre.
Mercier appeared before Justice David Labrenz to have him sign a consent order to have the province pay for a forensic expert.
“As part of the defence they wanted to retain an expert pathologist to review the medical examiner’s report, and as a result they brought a Rowbotham application,” Mercier told Labrenz.
“The Crown has consented to that application.”
Rowbotham applications are made when an accused person is denied Legal Aid coverage seeking public funding for counsel or an expert report the suspect would normally not be able to afford.
Toner remains in custody pending a resolution to the case.”
