Judge rejects mistaken mistrial application from Greg Fertuck

Will Greg Fertuck get a mistrial? Justice Richard Danyliuk, the judge in the high-profile murder trial, said the short answer is “no.”

Earlier this month, it was revealed in court documents that Fertuck — who is representing himself — applied for a mistrial and to bring in his own firearm expert to testify merely days before a verdict was expected.

On Wednesday, Danyliuk released his decision on the application.

“In a long and somewhat bizarre trial full of twists and turns, trauma, and tribulations — what’s one more,” it began.

Danyliuk’s decision stated Fertuck’s complaints and concerns had more to do with an appeal once the trial is complete than it did with a mistrial.

“His application was ill-conceived and without legal foundation and is dismissed in its entirety,” the decision read.

On Monday, court heard Fertuck’s reasoning for the mistrial and weapons testing application. Fertuck said he didn’t really want a mistrial despite what was applied for in court. He instead wanted testing on the alleged murder weapon — a Ruger 10/22 rifle — to be done by a Saskatoon police firearms expert.

A Ruger 10/22 found on rural property in November of 2021. (Lara Fominoff/650 CKOM)

Danyliuk’s decision called Fertuck’s explanation for a mistrial request “incomprehensible.”

“He indicated he did not want a mistrial. He could not explain why he asked for it in his application. He could not point to any event that had irrevocably damaged the fairness of this trial.”

The Crown stated its position during the application arguments, that Fertuck was granted a fair trial and suggested the mistrial should also be dismissed.

“This is a first-degree murder trial. The stakes are high. For Mr. Fertuck they could not be higher,” Danyliuk’s decision said.

He noted that while every possible accommodation is made to ensure a fair trial, “at some point there must be finality.”

The trial began in September 2021 after delays due to the pandemic. More delays followed when Fertuck’s lawyers asked to withdraw from the case after Fertuck had complained to the Law Society without their knowledge.

The verdict will be delivered as planned on Friday morning at Saskatoon’s Court of King’s Bench.

– With files from 650 CKOM’s Lara Fominoff