VANCOUVER — Charges against a real estate agent stemming from a marijuana grow-op raid in Burnaby, B.C., aren't being proceeded with after it took nearly six years for the case to go to trial.
A British Columbia Supreme Court judge has ruled that Maurizio Mastronardi's charter right to be tried within a reasonable amount of time was violated.
Mastronardi and four others were arrested in 2011 after RCMP executed a search warrant at a home where he was the registered owner, according to a decision released Thursday.
All five, including Mastronardi, were charged with theft of electricity and unlawful possession and production of a controlled substance, namely cannabis.
Justice Nigel Kent describes the case as "relatively straightforward," with disclosure completed in three weeks. But Mastronardi's trial was pushed back repeatedly and rescheduled for a sixth time for five days in October.
Although blame for a considerable portion of the delays can be laid at the feet of Mastronardi's lawyers, systemic failings on the part of both the Crown and the court contributed to the problem, the judge wrote.
"I conclude that five years and eight months in bringing the case against Mr. Mastronardi to trial is simply too long and that a stay of proceedings is warranted on that basis alone," he wrote.
The trial against the four other accused took place in January, when the charges against two were dismissed with the Crown's consent and an application was made by the other two for a stay of proceedings due to the trial delays.
A B.C. Supreme Court judge ruled in March that the pair's charter rights had been violated and stayed the charges, although the judge said that the evidence supported conviction against them.
Mastronardi swore in an affidavit that the lengthy proceedings have caused stress, anxiety and depression. He said he suffered financial hardship, not only due to legal fees but due to his mental health problems affecting his performance as a real estate agent.
In cross-examination, he confirmed that his annual income and rate of home sales has remained steady in the past five years, although he asserted that in the current housing market he should have been making "a great deal more money," according to the decision.
The judge accepted that Mastronardi's depression was triggered by the charges and perpetuated by the trial delays, but he said the evidence regarding financial loss was "vague and unsubstantiated."
Kent also took into account a recent Supreme Court of Canada ruling on unreasonable delays that cited a "culture of complacency" in the Canadian justice system. The ruling set a benchmark of 18 months for cases tried in the provincial court and 30 months for cases in the superior courts.
