Trial date still not set for man accused in drunk-driving collision

By Delon Shurtz - Lethbridge Herald on February 14, 2023.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

The lawyer for a man accused of killing an elderly woman in a drunk-driving collision more than three years ago, hopes a trial can be held before 2024.

Trial dates were expected to be set Monday in Lethbridge Court of King’s Bench for Wesley Brian Phillips, but his lawyer, Greg White, told court he and the Crown prosecutor are still trying to find suitable dates for the trial, and will meet later this month to hopefully schedule something later in the year.

White agreed with the judge that a pre-trial meeting with a case-management judge might help streamline the process, but Crown Prosecutor Drew Gillespie pointed out the file is already so old it has surpassed a deadline set by the Supreme Court of Canada that allows a delay of 30 months from the time a charge is laid to the conclusion of trial in Court of King’s Bench.

“We were anticipating setting trial dates at an expeditious rate just because of that,” Gillespie said, adding another pre-trial conference may not be necessary since the trial is not so complicated as to require one.

White, who only recently took over the case from a previous lawyer, suggested meeting with the Crown to streamline issues, and agreed to return to court Feb. 27 to determine whether trial dates can be scheduled with as little additional delay as possible.

Phillips was set to begin a three trial on Jan. 30 on charges of impaired driving causing death, dangerous driving causing death, failure to provide a breath sample after an accident causing death, and breach of probation. The trial was cancelled, however, because White was unavailable on the scheduled dates, and he needed more time to prepare.

Phillips’ charges stem from a fatal car collision Nov. 25, 2019. Police reported that 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.

Phillips was released from remand custody shortly after he was charged, but was re-arrested and released several times afterward until last February in provincial court when he was refused bail. Phillips was again denied bail following a detention review in Court of King’s Bench last June, and again in November.

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