Even though a guilty plea for the lesser charge of second-degree murder was originally accepted on Nov. 1, the murder trial for accused killer Michael Roebuck will be moving forward after all, in the near future.
Roebuck, now 61, was charged with first-degree murder after he was accused of fatally shooting his neighbour Daniel Macdonald, 59, on Sept. 7, 2019 in the Canals District in Airdrie. His two-week, judge-alone trial was set to begin on Monday.
But once the trial was underway, defence counsel Kim Ross told Justice Rosemary Nation in the Calgary Courts Centre that he and crown prosecutor Joe Mercier were able to negotiate a plea deal for Roebuck to plead guilty to the lesser charge of second-degree murder.
The judge accepted the plea, and the sentencing hearing was scheduled for Thursday – a day the court was also supposed to hear victim impact statements and an agreed statement of facts.
However, on Thursday, the court reconvened, and Ross told Nation his client was unwilling to sign the statement of agreed facts for the trial. As a result, Ross said he was requesting for the guilty plea to be struck and for a new trial date to be determined.
"I would have to say there's been a breakdown in the source-client relationship," Ross told the court. "We're obviously at odds with how this matter should be proceeding, I'll just leave it at that."
Ross said as a result of Roebuck's unwillingness to sign the agreed statement of facts, he has chosen to step down as defence counsel, which means Roebuck will have to seek a new lawyer for the upcoming trial.
"Unfortunately, we're at a position where this matter is not going to be able to proceed," Ross said. "I spoke to [the crown prosecutor]...and [we agree] the plea has to be struck and this matter has to go back to CAC to set a new trial date.
"It's my application to be removed as the counsel of record under the circumstances. That's what we've agreed upon."
Mercier added it is still the intention of the crown to pursue a charge of first-degree murder.
Nation accepted Ross' and Mercier's request to strike the plea deal and set a new court appearance for Roebuck of Nov. 19, though she scolded the two lawyers for how they managed to delay the proceedings.
"For the administration of justice, this is a failure for everyone," she said. "There was a trial that was set, witnesses that were subpoenaed, and time that was booked in the court. We have a long wait time in this court, and everything was ready to go.
"When something like this happens, this matter has to be set over, further trial time has to be found, there's a delay, and Mr. Roebuck, you're in custody while this happens,"
Nation added the delay of the trial will also be hard on the family members and friends of Macdonald, who were prepared to read their impact statements on Thursday.
"For the individuals involved, the witnesses, it's a matter that has to come up again," she said. "For the relatives of the deceased, it's just another reminder. It's just a failure. In hindsight, obviously, the crown should have commenced and called their case on Monday, and continued to call that case until there was an agreed statement of facts signed.
"I think it's a lesson to everyone. Certainly for myself, I won't be accepting a plea anymore without a signed agreement on the statement of facts."
Roebuck told the judge he understood the discussion, but that he would not sign the final version of the agreed statement of facts.
"I can't sign that one, ma'am," he told Nation, adding he'll be seeking new counsel in time for his court appearance on Nov. 19.
"I don't intend to dally. I will go as quickly as prudent, whatever the counsel says, whoever that may be."
