A defense lawyer for a young Barrhaven man, arguing his client\u2019s constitutional rights were violated, says he will ask a judge for a stay of proceedings in an ongoing swatting trial. \u00a0“Swatting” refers to incidents when a phony 911 call is made that results\u00a0in\u00a0a police SWAT response to a location.<\/p>\n
The accused in the case was 17 when arrested in 2014 on 60 swatting-related charges stemming from incidents in Ottawa extending to\u00a0California. \u00a0The teen, whose identity is shielded by a publication ban, is now standing trial on 38 criminal charges after his 2014 arrest. He has pleaded not guilty to all charges.<\/p>\n
His lawyer intends to bring a constitutional challenge and\u00a0argue his client has not been tried within a reasonable period of time which is a violation of section 11 of the Canadian Charter of Rights and Freedoms. \u00a0A\u00a0recent landmark ruling from Canada\u2019s highest court\u00a0states legal proceedings enter unreasonable territory should\u00a0they exceed 18 months from the date a charge is made\u00a0to the conclusion of a trial.<\/p>\n
According to the Crown, the home-schooled teen allegedly used Skype to make several fake bomb and hostage calls to authorities across North America and used social media to boast about it.<\/p>\n
The defense argues\u00a0there is reasonable doubt as to the identity of the caller and that it is possible the incriminating information could have been planted on his computer or his computer may\u00a0have been accessed remotely by another\u00a0to commit the offences.<\/p>\n
The trial will continue on Nov. 3.<\/p>\n","protected":false},"excerpt":{"rendered":"