Preliminary hearing delayed while issue of whether defence lawyer has conflict is resolved

Steven Aaron Zwick, 26, of Airdrie, and Paul Joseph Rushton, 52, of Calgary, are charged with first-degree murder in the disappearance of Chelsea Davidenas

The preliminary inquiry for two suspects in the killing of a Calgary woman has been delayed at least a month while a potential conflict issue is resolved.

Crown prosecutor Pam McCluskey appeared in Calgary Court of Justice on Tuesday and said she was prepared to schedule a date for the hearing to determine if there is sufficient evidence to send Steven Aaron Zwick and Paul Joseph Rushton to trial.

But defence counsel Andrea Urquhart, who represents Zwick, indicated she was concerned that if it is determined Rushton’s lawyer, Shaun Leochko, has a conflict and has to be removed from the file that could further delay the case.

Justice Paul Mason agreed and instead set July 24 for a hearing to determine if Leochko can remain as Rushton’s lawyer.

Leochko said outside court the issue involves a potential Crown witness for whom he previously acted.

Both Zwick, 26, of Airdrie, and Rushton, 52, of Calgary, are charged with first-degree murder in the disappearance of Chelsea Davidenas, whose remains were found east of the city on April 4.

The two suspects, who remain in custody, were arrested two days before the woman’s remains were discovered, but by that time investigators believed she had been the victim of foul play.

Calgary police indicated Davidenas, 29, was likely killed more than a month earlier.

“It is alleged that in the early hours of Saturday, Feb. 17, 2024, Chelsea was lured to a residence located in the 5600 block of Rundlehorn Dr. N.E. by two men who were known to her,” police said at the time of the suspects’ arrests.

“A short time later it is believed that she was killed inside the same residence.”

Despite the lack of a body at the time police said the arrests were “based on a significant amount of physical and digital evidence.”

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