‘Blindsided:’ Fertuck’s defence lawyers seek to withdraw from murder trial

A high-profile Saskatoon murder trial is facing yet another delay.

Greg Fertuck, 68, is charged with the first-degree murder of his ex-wife Sheree Fertuck in 2015. Her body has never been found, and Fertuck’s trial began just over a year ago.

The trial has so far been riddled with delays, ranging from COVID-19 concerns to new evidence presented in voir dires, as well as various requests for extensions by both the Crown and defence.

Written arguments on the evidence phase of several voir dires from both sides were supposed to be submitted by early September, with a decision on their admissibility by Court of King’s Bench Justice Richard Danyliuk expected sometime in January of 2023.

Instead, the trial will be delayed once again.

According to court documents released to 650 CKOM, defence lawyers Mike Nolin and Morris Bodnar told the court they can no longer represent Greg Fertuck.

According to information contained in the documents, Fertuck made complaints to the Law Society in May and June of this year, but neither Nolin nor Bodnar saw them until the end of August. Fertuck himself did not mention anything about his complaints during his last court appearance in person in early June.

According to Danyliuk: “Defence counsel maintain that the allegations are very serious, so much so that the fundamental trust underpinning the solicitor-client relationship has been irrevocably damaged such that neither lawyer can represent Mr. Fertuck any longer.

“It is fair to say defence counsel have been blindsided by this development,” he added.

Danyliuk said the potential withdrawal of Fertuck’s defence council could have a marked effect on the trial, and must be the subject of an application in open court.

Both Nolin and Bodnar will take part in the open hearing on Oct. 24, during which they are expected to officially file an application to withdraw from the case. Bodnar’s licence to practise law expires at the end of the year.

Fertuck said he wants to represent himself for the remainder of the trial, but Danyliuk said he was “concerned about (Fertuck’s) ability to construct and file written representations on the voir dires.”

An independent lawyer will be appointed to give Fertuck legal advice so he can be represented during the hearing in October.

In the documents, Danyliuk expressed some frustration with the latest delay in the case.

“I believe I can safely say no one wants this matter to proceed expeditiously more than I do,” Danyliuk said.