DATE: 20050715

DOCKET: M32551-C43438

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Prosecution/Respondent) v. REVEREND BROTHER WALTER TUCKER (Defendant/Appellant) (Unrepresented Accused) v. REVEREND BROTHER MICHAEL BALDASARO (Defendant/Appellant) (Unrepresented Accused)

BEFORE: DOHERTY, FELDMAN and LAFORME JJ.A.

COUNSEL: Peter Boushy for the appellant Baldasaro Reverend Baldasaro in person Reverend Tucker in person

Nick Devlin for the respondent

HEARD: June 30, 2005 RELEASED ORALLY: June 30, 2005

On appeal from the decision of Borins J.A. of the Ontario Court of Appeal dated May 19, 2005.

E N D O R S E M E N T

[1] We agree with the disposition of Borins J.A. The administration of justice would not be served by a further delay of this trial pending the eventual hearing of an as yet unperfected appeal. We note that the Crown has undertaken to consent to the continuation of the appellants’ bail on the same terms should they be convicted at the end of the trial and should they appeal. This undertaking takes much of the sting out of the prejudice argument advanced on behalf on the appellants.

[2] Should the appellants perfect their appeal and obtain an expedited date for the appeal, they are of course at liberty to seek an adjournment of the trial pending the hearing of the appeal. Whether the trial should be adjourned is a decision for the trial judge.

[3] This appeal is dismissed.

“Doherty J.A.”

“K. Feldman J.A.”

“H.S. LaForme J.A.”