The applicant, charged with first degree murder alongside three co-defendants, applied for a separate trial.
He argued that a joint trial would be unfair because the Crown intended to adduce intercepted conversations involving his co-defendants that were inadmissible against him but potentially prejudicial.
The court dismissed the application, finding that the intercepts did not directly incriminate the applicant and that any risk of prejudice could be managed through limiting instructions.
The court concluded that the pragmatic benefits of a joint trial outweighed the potential prejudice.
