Trevor Dimen, shown here being escorted into court by the RCMP earlier this week, will have more time to prepare for his manslaughter trial. (CBC)

A judge has ordered the trial of Trevor Dimen to proceed despite initial problems over disclosure of evidence in the case.

Dimen, 40, is accused of killing his father, William Dimen, 69, in April of 2008. He faces a charge of manslaughter, and his case was to be heard in Regina beginning on Monday.

However, before any witnesses could be called, the trial judge was asked to dismiss the case because key documents had not been made available to Dimen, who is representing himself.

'I am satisfied that it was an oversight '—Court of Queen's Bench Judge Fred Kovach

Dimen has been in custody since he was arrested a year ago, and must rely on corrections policies and procedures to review materials related to his case.

On Wednesday, it was revealed that three documents had still not reached Dimen.

Trial postponed

On Thursday, Justice Fred Kovach ruled the case could proceed, despite the disclosure problems. However, he said, it would be scheduled for some later date to allow Dimen time to examine documents and prepare.

"I am satisfied that your Charter rights have been breached," the judge said. "But under the circumstance, I am satisfied that it was an oversight and certainly not part of the process was intended to prevent or discourage you from accessing disclosure material."

In making his decision, Kovach made note of Dimen's decision to look after his own defence.

"It may not be wise to cut your teeth, so to speak, as a criminal defence lawyer in your own trial for manslaughter," Kovach said. "But that decision is up to the accused person."

Kovach also said that the Crown prosecutor handling the case failed to notify Dimen early enough of an additional charge of unlawfully causing bodily harm to his mother. The judge entered a stay on that charge, effectively dropping that part of the case.

Kovach said he expected Dimen would now have access to documents, as needed.

"I think it's abundantly clear Mr. Dimen that if a reasonable, civilized request to gain access — and I have no doubt you'll do that — I expect you will be provided with access," Kovach said. "And if you're not provided with access, then I'll deal with it. And I think the correctional centre is probably aware of how I'll deal with it."

With that, Kovach said the case, while delayed, would continue.

"So, let's give it a chance to work," the judge said. "You ask for disclosure, I expect you'll get it. If you don't get it, I'll deal with it."

While no new start date was set, the trial could begin as early as mid-June.