Decision on manslaughter inquiry expected next month

By Delon Shurtz - Lethbridge Herald on January 7, 2023.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

The new lawyer for a man accused of killing another man during an argument last year has until February to decide whether she will cancel or proceed with a previously scheduled preliminary inquiry.

During a brief hearing Friday in Lethbridge provincial court, Judge Erin Olsen said Calgary lawyer Tonii Roulston has until Feb. 10 to decide if she will need to cancel the inquiry for the accused, 45-year-old Sheldon Nicholas LePage, which is set to run April 27-28. A preliminary hearing is typically held to determine whether there is enough evidence to warrant holding a trial.

The inquiry was set last year by the accused’s first lawyer Tracy Hembroff, but after Hembroff withdrew as counsel on Dec. 16, it was unclear whether a new lawyer would have time to prepare for the inquiry. During Friday’s hearing an agent for the defence, Leanndria Halcro, suggested the preliminary inquiry dates can be kept for now, but she added Roulston needs time to receive disclosure and review the case to determine how she will proceed and whether the inquiry will need to be vacated.

The judge agreed, but advised a decision will have to be made when the matter returns to court next month.

“The court will expect an answer on Feb. 10, if not earlier, about whether those preliminary inquiry dates can be preserved,” Olson told Halcro. “(Roulston) should not expect a further adjournment to decide whether she can keep those prelim dates.”

Olsen acknowledged Roulston has a lot of work to do in order to get up to speed on the case, but added everyone needs to ensure the case proceeds in a timely manner.

LePage, who remains in custody and attended court by CCTV from the Lethbridge Correctional Centre, faces one count of manslaughter, as well as single counts of failing to comply with release conditions and probation. The accused previously chose to be tried by a Court of King’s Bench judge.

The manslaughter charge relates to an incident at about 8:30 p.m. on May 5, 2022 when the victim, Amber Bahadur Khadka, was approached by a man near the intersection of 8 Street and 2 Avenue North.

During an argument, the man struck 44-year-old Khadka, knocking him down and causing him to strike his head on the ground. The assailant left the area, but was found by police and arrested later in the day.

Police said the two men knew each other and the victim had been targeted by his assailant.

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