Husband of slain Calgary woman may apply for criminal charges to be stayed

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The city man who was seriously injured and his wife was killed when they were ambushed outside their home may seek a judicial stay of his criminal charges, his lawyer said Thursday.

Defense attorney Greg Dunn, who took over Talal Fouani’s file from his previous attorney, told Judge Greg Stirling that he is still reviewing his client’s case.

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Among the issues Dunn might consider bringing is the so-called Jordan petition, based on the Supreme Court case of that name, which says that cases that take too long to go through the courts can result in judicial stays as a result of the defendant’s right one is violating the rapid process.

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“At this point, my opinion was that Jordan was potentially alive and it was something that needed further investigation,” he told the Calgary Justice Court judge.

He said that, out of an abundance of caution, he and Crown prosecutor Shelley Tkatch have set a date in June if he decides to make an unreasonable delay application.

Dunn also said he and Tkatch set aside two days in August for possible sentencing presentations on one of the three charges Fouani faces.

Fouani pleaded guilty on March 17, 2023 to one count of money laundering, but then-lawyer Yoav Niv later announced his intention to request that admission be withdrawn.

Fouani also faces charges of possession of property obtained by crime and participation in a criminal organization.

Dunn told Stirling that he was abandoning several applications that Niv said he would make on behalf of the defendant, including his attempt to withdraw his guilty plea.

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The lawyer said he and Tkatch will try to draft a statement of agreed facts, but if they can’t, they will have to request evidence from the prosecution to prove the disputed facts.

Fouani was free on his three charges when he and his wife, Nakita Baron, were ambushed outside their home in Evergreen Estates on August 18, 2022.

Fouani was reversing his Bentley car out of the driveway when an assailant wearing a construction vest and walking a small dog approached the car and fired two shots into the interior, killing Baron and seriously wounding the man. from the city.

Michael Tyrel Arnold is scheduled to face a four-week jury trial in Calgary’s King’s Bench Court beginning Oct. 1, charged with first-degree murder and attempted murder.

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