The two suspects are charged with first-degree murder in the disappearance of Chelsea Davidenas
Two murder suspects are scheduled to face a preliminary inquiry in January, even though one currently doesn’t have a lawyer.
Defence counsel Robin McIntyre, appearing for lead lawyer Andrea Urquhart, asked that the preliminary inquiry for Steven Aaron Zwick and Paul Joseph Rushton be scheduled for five days beginning Jan. 20.
But Rushton told Justice Bruce Fraser he was without a lawyer after his counsel, Shaun Leochko, withdrew from the case in the face of a Crown application to have him removed because of a conflict involving a prosecution witness.
In June Urquhart expressed concern that if Leochko was forced from the case it would delay setting the hearing to determine if there was sufficient evidence to send the two accused to trial.
Despite Rushton being unrepresented, McIntyre said she had instructions from Urquhart to schedule the preliminary, in hopes the lawyer appointed to represent her client’s co-accused will be available at that time.
Fraser said it was a bit of a gamble to schedule the hearing without knowing co-counsel’s availability, but acknowledged time was a concern.
“It’s pretty risky, but I understand time is running,” the Calgary Court of Justice judge said.
“Mr. Rushton, hopefully you’ll have counsel available on those days for your preliminary.”
Rushton told court he applied to Legal Aid for new counsel earlier in the week after Leochko withdrew as his lawyer.
He said he was told it would be nine days to two weeks before a lawyer could be appointed.
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.
X: @KMartinCourts