Wildrose calls for reform after home trashed, case dropped
Airdrie family spent 4 years in court after their house was broken into and ransacked
CBC News
Posted: Jan 10, 2013 1:19 PM MT
Last Updated: Jan 10, 2013 3:16 PM MT
The Wildrose is again speaking out about court delays in the province.
MLA Rob Anderson says unless more resources are put into the court system, Albertans will continue to lose faith in the province’s justice system.
The latest calls come after a dropped case against two people accused of trashing an Airdrie family’s home and stabbing their dog.
Four years ago, the Elms family returned to their southern Alberta home from Ontario to a kicked in front door. They found vomit and urine on their walls and furniture, they found fecal matter, their family jewelry had been stolen, their bed had been slept in and someone had even stabbed their dog, Didgeri.
After more than 20 court appearances, the family found out the case was dropped Monday.
Alberta Justice said the case could not proceed because one of the witnesses had changed her story.
Airdrie-area MLA Anderson says he has heard many similar stories from victims of crime and that this case is the latest example of the effect of a shortage of Crown prosecutors.
“There was delay after delay, and when that happens, yeah, witnesses will lose their memory or alter their memory or their memories will change of the thing and you're not going to have the same testimony anymore. So, you need to make sure these things are taken care of right away, within a year at the most, so that people's memories are fresh when they are testifying.”
Anderson says the Crown and the courts need more resources if they are to function properly.
“It’s very frustrating, again, what kind of justice system allows for that to happen? How can a court case be delayed and delayed over and over again for four years? It’s just — it’s insane."
Family disappointed
Homeowner Marla Elms says her family feels cheated.
"They walked away laughing — literally laughing. … It's like [the accused] were being treated as the victim, when we were going through everything to make this happen and they could just brush it off, over and over and over again."
For the courts’ part, University of Calgary law professor Michelle Christopher said "justice" means court rules are followed.
“Justice doesn't equal conviction but in the public's mind a conviction means there's been justice and that justice has been served," said Christopher.
According to the Department of Justice, the average case in this province takes 24 weeks to go through the court system.
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