By Lethbridge Herald on February 15, 2023.
Delon Shurtz – Lethbridge Herald
A robbery trial that was cancelled last month to allow defence more time to prepare, has been rescheduled to run later in the year.
Hank Lee Tremblay, 39, was expected to stand trial for five days beginning Jan. 12 in Lethbridge provincial court, but it was cancelled after Tremblay’s lawyer said he needed more time to review last-minute disclosure he received in December from the Crown’s office.
“I didn’t have much chance to look at any Charter issues,” Marcus Mueller told the judge Jan. 9, three days before the trial was to begin.
The Crown didn’t oppose the trial adjournment, and admitted certain disclosure the Crown believed had earlier been provided to the defence, actually had not until Dec. 8.
The matter was back in court today, where Mueller told the judge a new trial has been set for Sept. 11-15.
Tremblay, who is in custody at the Edmonton Remand Centre, is charged with robbery, assault with a weapon and possession of a weapon dangerous to the public. The charges stem from an incident just before 8:30 p.m. on Sept. 29, 2021 when a man armed with a knife robbed Westcan Cannabis in the 1700-block of 23 Street North.
The suspect fled but was tracked by a police dog to a residence in the 1300 block of 23 Street North, where a man was arrested without incident.
The case has experienced several delays since the accused was arrested. Tremblay was scheduled for a one-day trial last August, but during a court hearing the previous April, the Crown pointed out one day would not be enough time to run the trial and it was cancelled.
The matter was adjourned to May 3, at which time court was told a pre-trial conference had been scheduled for May 19 so a trial date could be determined. When the case returned on May 24 to confirm the trial date, Calgary lawyer Spencer Sikora said he had lost contact with his client, and a warrant was issued for Tremblay’s arrest.
Sikora was permitted to withdraw as Tremblay’s lawyer in September after he told the judge there had been a breakdown in the solicitor-client relationship.
12