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Firmage trial moved ahead to 2019

Travis Firmage led into Clarenville provincial court by the back door on Feb. 21.
Travis Firmage led into Clarenville provincial court by the back door on Feb. 21. - Mark Squibb

Lethbridge man charged with impaired driving causing death from 2017 incident

CLARENVILLE, N.L.

The trial for a Lethbridge man charged with impaired driving causing death is now scheduled for early in the new year.

Travis Firmage, 32, was charged with impaired driving causing death in 2017. Police allege he was the driver of a vehicle that collided with a transport truck near Clarenville on Aug. 1 of that year. Calvin Tobin was killed in that accident.

A nine-day trial is scheduled to begin Feb. 19.

Firmage had previously been scheduled for a three-day trial Sept. 17-19.

That trial was postponed, however, when two applications were submitted by Firmage’s Legal Aid lawyer Jenny Reid.

One of the applications before the court seeks remedy for infringement/denial of rights or freedoms, and the other centres on the right to life, liberty and security of person.

The judge is expected to rule on the first application on Nov. 23, and hear the second application on Feb. 19, before the trail commences.

Crown Prosecutor Allison Manning and Reid were in Clarenville provincial court Tuesday, Nov. 6, to discuss the applications. The contents from those proceedings are protected by a publication ban.

According to the Canadian Charter of Rights and Freedoms, a stay of proceedings (wherein the legal process is brought to a stop) can result following an application, and is appropriate “as a last resort in the ‘clearest of cases,’ where an abuse of process (at common law or under the Charter) either irremediably prejudices the integrity of the justice system or the accused's ability to make full answer and defense or obtain a fair trial ,” as seen in R. v. O'Connor, [1995] 4 S.C.R. 411 .

Mark.squibb@thepacket.ca

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