Defence alleges Crown misconduct before withdrawing complaint at Fertuck murder trial

A twist in the eight-week-long Greg Fertuck first-degree murder trial delayed witness testimony by an hour or so on Wednesday.

Defence lawyer Mike Nolin told Justice Richard Danyliuk he was several feet in front of both the “Mr. Big” witness and Crown prosecutor Cory Bliss and heard the two speaking to one another as they left the courtroom at Saskatoon Court of Queen’s Bench on Tuesday afternoon.

While Nolin didn’t mention any details of the conversation, he told the court there shouldn’t have been any conversation between the two while the witness was still under oath.

“I would be careful, Mr. Nolin,” cautioned Danyliuk, “because what you are sidling up against at the very least is alleging prosecutorial misconduct.”

Nolin asked the witness if he and Bliss discussed his earlier testimony.

“No, My Lord,” answered the witness.

Danyliuk then told Nolin that if he felt the Crown had done something “egregious,” he should make that allegation.

“Then I will make that allegation, My Lord,” he said.

The trial was then adjourned for about half an hour. When it resumed, Danyliuk told the courtroom he was “unhappy” with how the matter unfolded.

“This is not a tag-team match in Stampede Wrestling where counsel gets to stand up and say whatever they wish whenever they wish,” he said.

Danyliuk said the witness unequivocally stated there were no discussions about the case.

He gave the defence two options: Either to go forward with the allegation of misconduct, which would result in Nolin being disqualified and removed from the remainder of the murder trial, or to withdraw the allegation so the trial could resume.

“Now, do you want more time to think about this? Or, are we ready to go, because I sure am,” said Danyliuk.

“I heard you loud and clear,” said Nolin, adding he was content with the answer given by the witness and apologized.

Danyliuk then asked whether the Crown had anything to say.

“Is the Crown content to accept the defence withdrawal?” asked Danyliuk.

He then told the court if a witness under oath asked basic questions of the Crown about the weather, whether they would likely be finished their testimony or about their hotel room, it was not illegal but civil to answer back. Danyliuk also told Bliss that he had no concerns.

After a second break, Crown prosecutor Carla Dewar said they’d be ready to go ahead with another witness.

The trial continued with another undercover RCMP officer who acted as a cameo during the Mr. Big sting in 2018 and 2019.

Fertuck is accused of killing his wife, Sheree Fertuck, in December of 2015.