130 men and women packed into Williams Lake Supreme Court Monday afternoon for jury selection only to be sent away because the accused did not show up for trial.
Kurtis Justin Billy, 32, faces one count of sexual assault and one count of break and enter and commit indictable offence and was scheduled to appear for a week-long trial beginning Monday, Jan. 14.
Defence lawyer Daniel McNamee told the court his client was aware of the court date.
“I know my assistant spoke to him Friday last week and he assured her he’d be here at 2 p.m,” he said.
McNamee said he also left a message for Billy on Sunday evening and followed up on Monday morning to ensure he had received the message.
Citing Section 598 of the Criminal Code, Judge Marguerite Church said by failing to appear Billy had waived his right to choose how he will be tried.
“Given that it is now 2:18 and Mr. Billy has not been seen or heard from today, I am reluctant to keep this entire jury panel here just on the off chance he might appear,” Church said.
Church thanked the jury pool for responding to the summons.
“It is an inconvenience for you to be here, I understand, but it is one of your responsibilities as citizens of Canada to participate in our system of justice, acting as jurors from time to time,” she said. “This trial will proceed, if it does proceed, in the absence of a jury — that is before a judge alone.”
Church issued a bench warrant for Billy’s arrest and adjourned the matter to Tuesday, Jan. 15 at 10 a.m.
Read more: RCMP ask for help locating Kurtis Billy
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