The verdict in the first-degree murder trial where Greg Fertuck is charged in the death of his estranged wife is set to be delivered on June 14th, but on Monday, Justice Richard Danyliuk received an email putting a kink in the plans.
Justice Danyliuk says the email is from the amicus or “friend of the Court”, who was appointed to help Fertuck, since he decided to represent himself. In the email, Brent Little says Fertuck wants to address the Court as it relates to retaining his own firearm expert and he wants to make an application for a mistrial. Because Fertuck is self-represented, Little felt the appropriate action was to forward the email to the judge to advise him of Fertuck’s intentions so the Court can then provide guidance on how to proceed.
Danyliuk says in an email, the Court’s members are all at a statutory meeting of the judges of the Court this week and Court is not in session, so the timing couldn’t be worse. He notes that Fertuck had requested to call a firearms expert late last year, but during the trial no expert was called by the defence. He adds that Fertuck has had months since this matter was last in court to raise the request, but instead he waited until now.
Justice Danyliuk has directed Fertuck to file a formal notice of application no later than 4 p.m. on Wednesday and then the Crown will serve any response by 4 p.m. on Friday. The matter will be heard in court and on the record as part of the trial next Monday. Depending on what happens on Monday, Danyliuk says he will try to render a decision prior to the 14th, the day the verdict is scheduled to be delivered.
The trial was originally scheduled to begin in March of 2021, but a few of the delays include the pandemic, a voir dire and Fertuck deciding mid-trial to represent himself.
Sheree Fertuck was reported missing in December of 2015. Her truck and some of her belongings were found at a local gravel pit near Kenaston where she worked. Greg Fertuck was charged in June of 2019 to first degree murder and indignity to a body.