WINNIPEG – A man accused of attempted murder could walk free if the judge decides it’s taken too long for his case to go to trial.
It’s been nearly three years since Michael Kelly was arrested by Winnipeg police after allegedly shooting a 17-year-old.
Police say the teenage boy was in a home in the 600 block of Manitoba Avenue in April 2014 when two men forced their way in.
According to police, when the pair inside the house tried to run, one of the men shot the boy in the upper body.
The teen was rushed to hospital in critical condition but survived.
It’s alleged both the accused and the victim are gang members.
As trial began Monday morning, Kelly pleaded not guilty to attempted murder along with six other charges.
Last week, defence lawyer Stacey Soldier brought forward a delay motion application, saying it’s taken too long for Kelly to have his day in court.
The defense is arguing that it has taken 33 months for Kelly’s trial to begin.
According to a July Supreme Court of Canada ruling, criminal cases must now be heard within 30 months.
Since that ruling, Justice officials tell Global News 27 delay motions have been brought forward in Manitoba although about half of those cases have been resolved.
About half of those have been resolved, meaning either defence counsel has withdrawn the application, the accused pleaded guilty or the judge ruled against the motion.
No criminal cases have been thrown out in Manitoba due to delay since the July ruling.
Both the defence and Crown attorney Melissa Serbin agreed to have the motion heard at the end of the trial.
However, Judge Vic Toews said he wanted to hear the arguments earlier.