Accused killer expected to file for 2nd stay in murder case

Accused killer Adam Picard is expected to file for a second stay of his 2012 first-degree murder charge after the Court of Appeal ordered him to stand a new trial, CBC News has confirmed.

The ex-soldier was scheduled to begin his trial in April but Superior Court Justice Kevin Phillips granted a motion to adjourn the matter to Sept. 4.

In the meantime, Picard is expected to file a fresh motion, known as a Jordan application, for a stay of proceedings ahead of the start of the trial. The application has not yet been filed with the court.

Police accused Picardof murdering 28-year-old Fouad Nayelof Ottawa, whose remains were discovered near Calabogie, Ont., in December2012, some six months after he was reported missing.Police allege Nayel was fatally shot in a drug-related homicide.

Nayel's mother, Nicole, told CBC News she was devastated by the news as the family had been anxiously waiting for the second trial to finally get underway this spring.

"I'm disgusted by the whole thing," Nicolesaid."We're not asking for much. All we're asking for is justice for our son."

She said her family feels ignored by the justice system, which she bluntly described as "a joke."

"It hurts because you can't move on with your life having a big, big weight on your shoulders," she said.

Jordan decision set new standards

Picardfirst applied for a stay of proceedings in November2016.Picard'sthen lawyer, LawrenceGreenspon, argued that the nearly four years it took to get the trial started violated his client'sconstitutional right to a speedy trial.

The accused relied on a Supreme Court of Canada rulingknown as the Jordan decision, which set new standards for how long it should take a case to go to trial.

Justice JulianneParfettgranted the application, allowing Picard to walk a free man.

But the Crown appealed to the Ontario Court of Appeal and won, sending the case back to trial.

Picard is now being represented by Ottawa criminal lawyer Michael Crystal.