Article content material
The sentencing of convicted baby killer Justin Bennett has been placed on maintain pending a possible mistrial utility by his newest lawyer, which gained’t proceed till at the very least subsequent Could.
Article content material
Victoria lawyer Gregory Lazin advised courtroom Tuesday he’ll want months to arrange supplies to assist a mistrial utility earlier than Justice Blair Nixon.
Article content material
Nixon set a tough deadline of Feb. 28, for that to be filed and has given Crown prosecutors Tom Spark and Sue Kendall till April 28, to answer earlier than a listening to may be held to find out if Bennett was the sufferer of a miscarriage of justice.
Bennett was convicted by Nixon in March, 2021, of second-degree homicide within the loss of life of Ivy Wick.
Lazin mentioned he’s been working diligently on a possible mistrial utility since being appointed by Authorized Assist, dedicating 90 per cent of his follow to the case.
Whereas he didn’t say what the character of his mistrial utility, Spark indicated the Crown expects Bennett to allege his trial lawyer, Allan Fay, didn’t correctly characterize him.
Article content material
Whereas they didn’t set a date for the precise mistrial listening to, it gained’t be held till at the very least Could, 2023, and will go later into subsequent 12 months, that means Bennett’s sentencing wouldn’t happen for greater than two years after his conviction.
Nixon convicted Bennett within the Oct. 5, 2017, loss of life of Ivy, discovering his confession to an undercover officer throughout a so-called Mr. Large operation to be compelling.
Bennett admitted assaulting the three-year-old whereas her mom was showering of their northeast Calgary residence.
The choose rejected defence arguments that Ivy’s mom, Helen Wordsworth, might have been liable for the kid’s mind trauma that brought about her to be hospitalized on Sept. 27, 2017.
Regardless of efforts by workers at Alberta Kids’s Hospital, Ivy by no means regained consciousness and died greater than every week later.
Bennett, who faces an automated life sentence with solely parole ineligibility to be determined, stays in custody on the Calgary Remand Centre.
On Twitter: @KMartinCourts
