Wednesday, Dec 21, 2011 06:00 am

By: Ryan Tumilty

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The only named suspect in the disappearance of St. Albert couple Lyle and Marie McCann abandoned a legal challenge on unrelated charges Tuesday, but still hopes to see a reduction in his sentence.

Travis Edward Vader was pursuing a charter challenge over his treatment at the Edmonton Remand Centre, but his lawyer Daniel Mol abandoned it on Tuesday. While he is not pursuing the argument on a constitutional level, Mol told Justice Joanne Veit he still plans to argue Vader should receive a lesser sentence because of his mistreatment in jail.

Vader has been named a suspect, but has never been charged, in connection with the disappearance of the McCanns. He has been in custody since July on unrelated charges, including arson, theft and breaking and entering.

Earlier this month, when the hearing first got underway, Vader testified remand centre guards beat him and that the notoriety he has garnered from being named a suspect in the McCann case has lead to a hostile experience in prison.

The court also saw video of the alleged assault, but Vader can only briefly be seen in the frame before walking out of the camera position, which is where he suggests the attack took place.

Before Mol decided to drop his challenge, Crown prosecutor Michelle Doyle had asked Veit to consider dismissing it.

She argued the defence hadn’t made out a significant case that Vader’s rights were breached.

She did not concede Vader’s story that guards attacked him, but said even if it did take place, it happened before he was actually being held on the specific charges in front of the court.

Vader faces a litany of charges and he was at the time technically being held on other offences.

"If it took place, it took place when Mr. Vader was not serving on these matters," argued Doyle.

With the constitutional challenge out of the way, Vader’s sentencing hearing is now set to resume this morning and continue until Thursday.