Judge slaps down 'ill-conceived' allegation of Crown misconduct in Greg Fertuck murder trial

SASKATOON -

In an unexpected twist in the Greg Fertuck murder trial, the defence alleged prosecutorial misconduct by the Crown.

Fertuck is charged with first-degree murder in connection to the disappearance of his wife, Sheree Fertuck.

In a secretly recorded video, Fertuck told an undercover officer he shot and killed Sheree.

The undercover officer took the stand for the third day.

During the Crown prosecutor Cory Bliss’s re-examination of the officer, defence lawyer Mike Nolin rose from his chair

“Did you and the prosecutor discuss your testimony yesterday afternoon?” Nolin asked the undercover officer.

“No my lord,” he responded.

Nolin said he found it “convenient” that the undercover officer had a quick response to one of Bliss’s question, and alleged prosecutorial misconduct.

“This witness was discussing matters with Mr. Bliss when they left the courtroom. I was five feet in front of them. I overheard the conversation. I didn’t hear exactly what was said, but Mr. Bliss ought not be talking to this witness at all,” Nolin said.

Witnesses are allowed to speak to lawyers about matters not related to the trial, but cannot speak about the case to anyone until they are done testifying.

“It is a serious allegation,” Justice Richard Danyliuk said.

After a brief break, the judge had strong words for Nolin.

The judge called Nolin’s challenge “ill-conceived and ill-executed,” as Nolin didn’t hear the particulars of Bliss’s conversation with the witness.

“It’s a serious matter, it’s an ethical matter … but skate with your head up before I run you into the boards,” the judge said.

Nolin withdrew his allegation.

Had Nolin chosen to follow through he would be taken off the case to be a witness of prosecutorial misconduct.

Danyliuk said he had no question about Bliss’s integrity or judgement and considered it a “dead issue.”