• Change text size for the story
• Print this story

Report an error

Links

• Like us on Facebook!
• Follow us on Twitter!

The Crown is denying it is an abuse of process to put Travis Vader on trial for killing two vanished St. Albert seniors after charges against him were earlier stayed.

And court heard Monday during a hearing into the case that the "disclosure crisis" that led to the first-degree murder charges being stayed was the fault of the RCMP.

Edmonton Chief Crown prosecutor Michelle Doyle testified at the Court of Queen’s Bench hearing that she was "stunned" to learn of the "staggering" amount of evidence in the case which had not been disclosed by police.

"I couldn’t believe it," said Doyle. "I was very upset and very angry and that was communicated quite clearly."

In the month before Vader’s April 28, 2014, trial for the alleged killing of Lyle McCann, 78, and his 77-year-old wife Marie, was set to start, a team of 20 Mounties was tasked to figure out the situation, but it quickly became apparent the evidence would not be disclosed in time.

"At this point I had lost all confidence in the status of disclosure," said Doyle, adding she knew then that she could not proceed with the upcoming trial.

The veteran prosecutor testified she believed Vader would be convicted in the circumstantial case, but said she was worried that some evidence could show up later that would cast doubt on his guilt or undermine an important building block in the prosecution.

As a result, she directed a stay of proceedings.

"This was a devastating situation that I was not going to be a part of," said Doyle, adding she came to the conclusion it would not be in the public interest to proceed.

The charges against Vader, 43, were reactivated on Dec. 19, 2014, and he was arrested again, however defence lawyer Brian Beresh is claiming it is an abuse of process and Vader’s Charter rights are being violated and he is seeking a judicial stay of proceedings.

In a Crown brief filed in the hearing, prosecutors say no further police investigation was done in the case, other than checking out tips, and they maintain there was never any discussion between the Crown and police that a stay would be entered so cops could continue to investigate.

Prosecutors also say that, despite the "disclosure fiasco" being "very egregious," it is in the public interest, based on the seriousness of the case, for the trial to go ahead.

The McCanns were last seen on July 3, 2010, fuelling up their motorhome in St. Albert while on their way to Chilliwack, B.C., for a vacation. Two days later, their RV was found engulfed in flames near the Minnow Lake campground, 20 km east of Edson.

The SUV they were towing was discovered six days later in a remote wooded area near Carrot Creek, 30 km east of Edson. Their bodies have yet to be recovered, although RCMP declared them dead and presumed murdered.

Meanwhile, Vader has filed a $1-million lawsuit, alleging RCMP misconduct, malicious prosecution by the Crown and abusive mistreatment by correctional officers.