Trial date set for accused in human trafficking case

By Delon Shurtz - Lethbridge Herald on August 4, 2022.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

One of several men charged nearly a year ago in relation to a human trafficking case is set to stand trial in 2023.

The date, March 2-3, was confirmed Wednesday in Lethbridge provincial court, where Calgary lawyer Kaysi Fagan also noted there will be a pre-trial hearing on Dec. 6 of this year for defence to present a Jordan application and discuss concerns about disclosure. There will also be a voir dire – a mini trial within a trial – held on Feb. 3, 2023, which typically determines the admissibility of evidence.

The Jordan application refers to the presumptive acceptable period of delay between the time a charge is laid and conclusion of trial. That acceptable delay is 18 months in provincial court, and 30 months for superior court trials. The 18-month ceiling will have expired by the time the case goes to trial in March.

The accused, Mohammad Zafari, is one of eight men and two youth who were charged last August with numerous sex-related offences. Defence lawyers waited for months to receive disclosure from the Calgary Crown’s office, and some lawyers were still having issues as late as May.

Fagan pointed out she was available for trial earlier than the dates she was offered, and she did not want to split up the trial into separate hearings, but it was necessary to ensure a trial as soon as possible. She also suggested during a recent pre-trial conference that four days would be required for trial but the judge directed only three days be scheduled.

“I simply put these comments on the record because if there are any delays arising from the failure to schedule that additional day, I want to be clear that it is not at the feet of the defence,” Fagan said.

Zafari, who had several charges recently withdrawn, faces charges of sexual contact with a child and sexual assault of a person under the age of 16.

Police said several men selected and groomed a 15-year-old girl and took her to specific locations where sex offences took place. The same individuals had also engaged in sexual activity with a 13-year-old girl, and three additional victims came forward later in connection with the investigation.

The charges against all the accused include sexual interference, sexual assault and aggravated sexual assault, and all but two of the accused face charges of trafficking persons under the age of 18. They were all released on bail shortly after they were arrested, and one of the youths pleaded guilty in March to two counts of sexual assault against two girls, and was given a two-year deferred custody and supervision order, to be served in the community.

Several of the individuals have already pleaded not guilty to their charges and have scheduled trial dates.

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