Sask. judge allows Greg Fertuck to personally question ex-girlfriend in murder trial

A man accused of murder can recall two witnesses for questioning, a judge ruled.

Justice Richard Danyliuk is allowing Greg Fertuck to personally cross-examine his ex-girlfriend, Doris Laroque and gun expert, Kenneth Chan.

Fertuck is accused of shooting his estranged wife Sheree Fertuck at a gravel pit near Kenaston, Sask. nearly eight years ago. Her body has never been found.

Fertuck’s original lawyers withdrew from the case mid-trial, after Fertuck went behind their backs and made complaints about them to the Law Society of Saskatchewan.

Now representing himself, Fertuck said he wanted to cross-examine two Crown witnesses again, himself — claiming his lawyers didn’t ask what he wanted and didn’t follow his instructions.

“[Fertuck] is convinced, he says, that his own further cross-examination will provide evidence that will prove him innocent,” Danyliuk wrote in a fiat, dated May 11.

By allowing witnesses to come back on the stand, Danyliuk is effectively reopening the voir dire. A voir dire is a hearing to determine if evidence can be used in a trial.

The Crown opposed the decision. It wants to see proceedings move forward to trial.

The Crown claimed the two witnesses were already cross-examined by competent counsel.

“The overarching consideration is trial fairness,” Danyliuk wrote.

“Mr. Fertuck must be allowed to meet the case against him.”

While Fertuck wanted Laroque to testify in the same room as him, Danyliuk turned down the request.

The judge decided she can be re-questioned, but via video link from a different room in the courthouse — as she previously did.

In the fiat, Danyliuk said Fertuck “needs to be mindful of keeping any questions relevant” to the case and not to their personal relationship.

When Laroque initially took the stand in the trial on Oct. 26, 2021, she testified Fertuck drunkenly admitted to killing Sheree.

While Fertuck can question the witnesses, so can the Crown prosecutors.

The Crown is also allowed to bring forward rebuttal evidence, if required, based on any new information that may come out as a result of the questioning.