By Delon Shurtz - Lethbridge Herald on January 7, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
A preliminary hearing scheduled to run this week for a 38-year-old man charged in connection with a drunk driving death more than two years ago has been cancelled.
The hearing for Wesley Brian Phillips was set to begin Tuesday in Lethbridge provincial court and run through the week, then after a short adjournment, continue from Jan. 17-20. However, the accused’s lawyer, Kim Ross of Calgary, told court Tuesday the Crown filed a direct indictment, which would send Phillips to trial for his offences, but without the preliminary hearing.
A preliminary hearing is normally held to determine whether there is enough evidence to warrant a trial.
Ross requested the matter be adjourned to Jan. 13 for a bail hearing, and added defence will also consent to have the case moved to Court of Queen’s Bench on the direct indictment. Phillips will appear in court by CCTV from the Lethbridge Correctional Centre.
Phillips, who elected last March to be tried by judge and jury in Court of Queen’s Bench, faces charges of impaired driving causing death, dangerous driving causing death, failure to provide a breath sample and breach of probation, stemming from a fatal car collision Nov. 25, 2019.
At about 7:15 p.m. a white VW Jetta westbound on Highway 3 collided with a red Ford Escape that was stopped at a stop sign on 51 Avenue in the Town of Coalhurst where it intersects with the highway. Betty Ment, 66, who was the lone occupant of the Ford, died in the collision. The driver of the VW was taken to Chinook Regional Hospital with non-life-threatening injuries.
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