Winnipeg Free Press

Winnipeg Free Press (Newspaper) - July 11, 2004, Winnipeg, Manitoba A4 Winnipeg free press sunday july 11, 2004 Justice continued from Page a1 his next Case will be the 599th of his career. That a More murder cases than have been handled by any other criminal lawyer in Canada and possibly North America. Brodsky a work ethic is admirable but it also has Justice officials crying foul Over his Busy schedule which they claim is slowing major criminal cases to a crawl. Finlayson said his department will consider Legal action that could include unprecedented court motions asking a judge to Force Brodsky off some cases for the Sake of expedient Justice. Finlayson and his Crown attorneys were angered this week when Brodsky set a preliminary hearing for july 2005 in a murder Case that a already one year old. By the time it gets to trial it could be three years old. He said the Crown had available dates in january february March and april but Brodsky a diary was already full. Brodsky claims he had time available in october after a murder Case set for trial was resolve but the Crown said it would to be ready. Somewhere Down the Road a Case could run into problems because of these types of delays said Finlayson noting witnesses ability to recall important facts will grow stale. When this starts to Impact on our ability to bring cases to trial we look this office delays. Have to seriously sit Down police would like to and look at what options does murder see All cases go before we the courts As quickly As cases. When i am of course the judicial possible As memories clock is running on Dou too Busy i Tell the become less Sharp As ble time for All offenders time passes she said. Serving pre trial custody client to get although police Are which Means killers who diligent about taking spend three years in jail someone else to detailed notes certain before their trial ends by witnesses might not could have the equivalent act for them have the same Type of of six years served to memory recall she ? Greg Brodsky their credit if convicted of said. But admits it will Likely be 2005 before the Case gets to trial. Brodsky said he is still receiving Dis closure from the Crown this week and has moved As quickly As he could. Where files used to come in envelopes they now come in boxes. Police Are far More diligent and Thor Ough. A lot More Trees die now than they used to he said. Brodsky said he has turned Down Sev eral homicide cases recently because he is too Busy and has called upon his two juniors Jason Miller and Mark Wasyliw to handle More cases. He is even getting his son Daniel to do one of his murder cases in Kenora. Look this office does murder cases. When i am too Busy i Tell the client to get someone else to act for them he said. The clients i have i Tell them i can twin your Case unless i can get a fair its not about getting it Over with or expediency. Sometimes it takes a Long Brodsky said he wishes he want so Busy but murder continues to be a major problem in Manitoba. Most of his clients Are Legal Aid cases which Means they have the right to choose any lawyer and have taxpayers foot the Bill. Brodsky a solid reputation and experience Lead most accused persons to his door. Winnipeg police spokesman const. Shelly Glover said police Are frustrated by the a lesser charge of manslaughter which often happens in Manitoba. Its just not acceptable to wait two years to have the preliminary hearing said Finlayson. A defiant Brodsky said its not his fault he a in heavy demand or that cases Are taking so Long to come to court. Am i supposed to apologize because so Many people want me to act for them he said. Brodsky said judicial delays Are largely the fault of police and the Crown. Dis closure of statements by witnesses and the accused ? especially typed Tran scripts ? often take months to Complete and Lead to adjournment after adjourn ment he said. Brodsky will begin the preliminary hearing for Mcevoy later this month a spokesman for chief provincial court judge Ray Wyant said delay is a Wyant introduced a dramatic court restructuring last year aimed at reducing bursting court dockets lengthy Waits for trials and a steady flow of breached court orders. The front end Justice project introduced firm dates for accused persons to Deal with their cases Calls for greater police and lawyer responsibility and reinvents the role of judges. However the reforms Are Only aimed at Domestic violence cases. Wyant Hopes to eventually expand the rules to All criminal cases. Justice minister Gord Mackintosh has proposed a solution to move cases along More quickly ? the outright elimination of preliminary hearings. They Are out of place in a modern jus Tice system. They Are a costly victimizing retardant to Justice Mackintosh told Manitoban during a recent Justice rally. Last year alone 700 preliminary hear Ings took 726 court Days to Complete at a Cost of $1.6 million to taxpayers said Mackintosh. That san average Cost of $2,200 per hearing that in to necessary he said. Preliminary hearings were designed to prevent cases without adequate Evi Dence from proceeding to trial. They allowed defence attorneys to question witnesses and see the prosecutions Case before a Case went to trial. Mackintosh said that since the supreme court dictated in 1991 that there must be full disclosure to the defence preliminary hearings have been unnecessary. He has pressed Ottawa for Reform but the Federal government has stood still while new Brunswick Prince Edward Island and Quebec Call for prelims to remain. some of Brodsky a clients Here Are six of the High pro file cases Greg Brodsky is currently juggling Thomas Mcevoy ? charged in August 2002 with the sex killing of 11-year-old James Isaac inside the aboriginal Centre in Winnipeg. The Case is set for preliminary hearing beginning july 19. Tony Jaworski ? charged with murdering his elderly wife inside the seven Oaks Hospital earlier this year. Brodsky just accepted the Case this week and no court dates have been set. Jaworski remains in custody. Sydney Teer Huis ? charged with the decapitation murder of a Man inside the Royal Albert arms hotel last summer. Brodsky just set a preliminary hearing Date this week for july 2005. Daniel Tokarchuk ? charged with murdering a Man during a drug related dispute in May 2002. The Case has gone through a preliminary hearing and is set for trial this november. Michael Bridges ? charged earlier this year with the april 2002 abduction and killing of Erin Chorney in Brandon. Her body was found buried in a graveside. Brodsky is still waiting for particulars and has to set any court hearing dates. Eddie Smith ? charged with a 1968 Rural Manitoba murder by the ramp cold Case squad two years ago. Brodsky will begin a preliminary hearing tomorrow. The Sims engineering team Stirling Walkes Andy Lohse Cliff Brown Helmut Waedt ? almost a whole in one competed in the 7th annual ugh Short game Golf Little rain could to Dampen the spirits of the golfers As they made their Way around the course enjoying complementary food and refreshments and relaxing massages from Massage works. Golf skills were put to the test against . Open qualifier Adam Speirs in the beat the pro contest. Best of All Over $22,000 was raised for the Victoria general Hospital. Thank you to our event sponsor Earls restaurant on Pembina our masters sponsors Frontier Subaru Glen Mcangus Royal be Page Lafarge Canada inc., Mcnaught Pontiac Buick Cadillac ltd., rec financial group and our classic sponsors Atkins underground Cangene corporation cjob-68 am Crocus investment fund Crystal construction ltd., Fawcett Auto body i Canada King transportation Lex Mark Canada pm architectural group Lount corporation Manitoba Blue Cross its communications inc., National leasing group inc., Nelson River construction inc., quintet services ltd., rec financial group Scotia Bank Sims engineering ltd., Stryker Canada Sussex realty trans ltd.,Wellington West capital Wellington West financial services inc. Special thanks to Earls on Pembina and their staff for the appetizers and full course Steak also to the Many volunteers who helped out on that Day and the Many individuals and companies that donated prizes. Rec financial team 2, Dennis Fustey Ray Racette ceo Victoria general Hospital Chris Little John Bogucki Ken Lee ;