The Crown has officially filed an application of appeal against an Ottawa judge's decision to stay a first-degree charge against an Ottawa man.
33-year-old Adam Picard had been arrested in 2012 and charged with first-degree murder in the death of 28-year-old Fouad Nayel. Picard had been held in custody for four years without trial. On Tuesday, the murder charge was stayed with Justice Julianne Parfett saying it was taking too long for the case to reach trial.
In the Notice of Appeal, filed Friday, the Crown alleges the judge erred by mischaracterizing the periods of delay in the case; she erred in her assessment of the complexity of the case; she erred in failing to properly apply the transitional exception; and she erred in staying the proceedings without a full record and allowing full submissions from the Crown.
The Crown is calling for the stay against proceedings to be set aside, and a new trial ordered.
Nayel had been missing for five months when his remains were found in November of 2012.
Picard, a former soldier who served in Afghanistan, was taken into custody that December and maintains his innocence.
Ontario Attorney General Yasir Naqvi has issued the following statement:
“I have been advised that, following a thorough review, the Crown has decided to launch an appeal of the recent ruling to stay a charge of murder against Mr. Adam Picard. I have been briefed on the matter and I support this decision. As this matter is before the Court of Appeal I cannot comment any further.”
With files from Chris Holski.