Judge hears mistrial and weapons testing application from accused killer Greg Fertuck

Seventy-year-old accused killer Greg Fertuck says he never really wanted a mistrial, despite what his application to the courts indicated last week.

Instead, Fertuck, who’s charged with first-degree murder in the death of his ex-wife Sheree Fertuck in 2015, explained that he actually wanted to have a Saskatoon police firearms expert test some rust on the alleged murder weapon – a Ruger 10/22 rifle found underneath a storage bin in November, 2021.

Fertuck said he recently read that a new ballistics testing facility had been opened inside Saskatoon Police Service headquarters, and thought the gun could be tested there.

“I just got that from the paper May 14,” Fertuck told Justice Richard Danyliuk at Monday’s hearing.

Last week, Danyliuk issued a fiat, or directive, indicating that Fertuck would have to explain at a hearing why he applied for a mistrial and wanted to retain a firearms expert.

“It is unclear as to why Mr. Fertuck’s previous request to call an expert witness made in late 2023, and for which I granted him a very lengthy adjournment, was not acted upon,” wrote Danyliuk in the fiat issued June 3.

During the hearing Monday, Danyliuk asked Fertuck why taxpayers should foot the bill for the test, which was estimated at around $20,000, when he has around $350,000 in assets.

Fertuck replied that he’d relied on his sister’s information that he did not have the $20,000 required to pay for the tests, adding that had he been afforded a bail hearing and been out of jail, he could have verified his financial information.

“Just because you are on remand, you can’t check your finances?” questioned Danyliuk.

“What in the world do they have you doing? Seriously?” he continued. “In five years, you’ve never had time to check on $350,000?”

Danyliuk reminded Fertuck that he’d never ruled on any bail application because Fertuck has never presented one to him.

Crown lawyer Cory Bliss said Fertuck was essentially looking for permission to re-open his case and to adjourn it for an undetermined length of time once again, a move which he said the Crown opposed and deemed unacceptable.

“This trial has been a Byzantine series of twists and turns,” Danyliuk said after hearing Bliss’ opposition.

Representatives from both the Saskatoon Police Service and the Saskatchewan Firearms Office also attended the hearing. The firearms office representative indicated that not only was there no capacity to do the kind of testing Fertuck hoped for, but that many tests were also sent out of the province and take weeks to complete.

Fertuck then reversed course, saying he wanted to withdraw his application.

“I wasn’t aware of all the hardship,” he told the judge.

“You’re getting a ruling whether you want it or not,” replied Danyliuk, who added that he would have a ruling by fiat issued within 48 hours.

If Fertuck’s application is allowed to proceed, the verdict in the case will not likely be delivered on Friday, June 14 as planned. Should the application be denied, the ruling on the case will go ahead.