The trial for accused killer Robert Daignault was delayed on Jan. 4, after it was revealed the accused was in self-isolation at the Calgary Remand Centre following close exposure to a positive COVID-19 case, and that he refused to be tested for the virus.
Daignault was one of three suspects charged in the December 2019 murder of Calgarian Kasif Harani, whose body was found on a rural road near the Springbank airport on Dec. 29 that year. According to press releases from the Cochrane RCMP and Alberta Major Crimes Unit, Daignault was one of three accused in the killing of the 30-year-old Uber driver, alongside Trista Tinkler and Andrew Cristal.
Tinkler pleaded guilty to a reduced charge of manslaughter in December 2021, while Cristal is slated to start a first-degree murder trial by jury on April 4.
The nine-day first-degree murder trial for Daignault was set to begin Jan. 4 at the Calgary Courts Centre. However, upon entering the court room, presiding Court of Queen's Bench Justice Robert Hall informed participants that Daignault would not be in attendance, as he and the rest of the inmates in his unit at the Calgary Remand Centre were self-isolating. According to Hall, Daignault also refused to submit to a COVID-19 test.
Daignault’s defence counsel, Adriano Iovinelli, confirmed to Hall he was aware of Daignault's self-isolation status, but added he was unaware his client had refused to be tested for the virus.
“We’re somewhat in the court’s hands as to what to do,” Iovinelli said. “We don’t know if this is a 10-day delay, a five-day delay, a two-day delay – I don’t know.”
Much of the ensuing conversation between Hall, Iovinelli, and Crown Prosecutor Britta Kristensen pertained to their scheduling and availability in the coming days and weeks. Kristensen and Hall noted the trial requires a full nine days, with nine witnesses alone testifying on behalf of the crown.
Prior to adjourning proceedings for the day, Hall told the two lawyers to reach out to the Calgary Remand Centre to inquire if it would be possible for Daignault to tune into the trial proceedings via telephone until his isolation period is complete.
“We can still get it in if we get started on Wednesday [Jan. 5],” Hall said. “Mr. Daignault has the right to be here for his trial, but that doesn’t mean he comes at his whim, whether he wants to come or not. If he’s ill, he can’t come to trial, but it seems to me that if he’s not ill or can’t show that he’s ill, then we can proceed.
“Counsel will have to consider their positions in that regard, and I’ll have to refer to the Criminal Code on this as to what we can do.”
The court will reconvene on Jan. 5 at 10 a.m.
