Lawyer in human trafficking case granted lengthy adjournment

By Delon Shurtz - Lethbridge Herald on April 1, 2022.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

The lawyer for one of 10 individuals charged in relation to a human trafficking case has been granted a longer-than-normal adjournment to allow her time to review a significant amount of disclosure.
Calgary lawyer Kaysi Fagan, who requested a six-week adjournment, expressed concern Thursday in Lethbridge provincial court over the amount of disclosure she has received from the Crown’s office, most of which did not arrive until several months after her client, Mohammad Zafari, was charged. She is also concerned with the amount of time that has passed since charges were laid last August, and how it may affect Zafari’s right to be tried in a reasonable amount of time.
That amount of time, set by the Supreme Court of Canada in R. v. Jordan, is 18 months between the time the charges are laid to the end of trial in provincial court without preliminary inquiry, and 30 months in higher courts.
Fagan told court she has received 5,000 pages of information and 50 hours of video files from the Crown’s office, plus another 40 video files she hasn’t been able to open. She said the information is difficult to view because it doesn’t include an index or table of contents, and the continuous delays while she goes over reams of disclosure are preventing her from entering her client’s election and pleas. She noted the matter was last in court Feb. 17, and she had to request an adjournment then to review disclosure.
Lethbridge Crown Prosecutor Bruce Ainscough pointed out the case is being handled by Calgary Prosecutor Joe Mercier, who acknowledges the 18-month Jordan deadline next February could become an issue. He suggested Zafari’s matters be adjourned for only one week.
Judge Jerry LeGrandeur refused to waive any delay of Jordan, and said there’s no reason to suspect Fagan is purposely delaying the case, and she deserves time to review disclosure.
Zafari faces charges of sexual contact with a child, sexual counsel of a child, sexual assault of a person under 16 years of age, party to the offence of sexual assault, aggravated sexual assault, sexual assault, and trafficking in persons.
He was charged last August with seven other adults and two youth. Police said the charges stem from incidents in which several men groomed a 15-year-old girl and took her to various locations where sex offences took place. The same individuals also engaged in sexual activity with a 13-year-old girl, and three additional victims came forward later in connection with the investigation.

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