Two EMDC guards will go to trial in Adam Kargus beating death
Guards had argued their case took too long to get to court
Two Ontario correctional service workers who were employed at the Elgin Middlesex Detention Centre (EMDC) in London will face charges against them in court.
The Supreme Court of Canada announced Thursday it will not hear an appeal from the guards who had argued their case took too long to work its way through the judicial system. As is the high court's practice, the reasons for the denying the leave to appeal application were not stated.
The two guards had been charged with failing to provide the necessaries of life after a prisoner at EMDC was beaten to death by another inmate in October of 2013.
29-year-old Adam Kargus died in the attack.
Fellow inmate Anthony George pleaded guilty to second degree murder in 2017 and is serving a life sentence.
Meantime, the Crown alleged the two corrections workers did not respond to the victim's screams for help during the hour-long beating in his cell. But the guards argued their rights were violated after repeated delays in their case.
In 2017, an Ontario Superior Court judge agreed with the defendants and had the charges against the guards stayed. The decision was later overturned in May of this year by the Court of Appeal of Ontario.
That led to the guards' unsuccessful application to the Supreme Court.
The EMDC has been the subject of much scrutiny and has been called the "worst jail" in the country.
- An earlier version of this story stated that the guards will not have to face trial and the Crown has lost its appeal to the Supreme Court. It was, in fact, the accused who took the case to the high court.Dec 06, 2018 12:47 PM ET