'Perplexing' delay in sentencing hearing of Dresden woman convicted of impaired driving causing death

A sentencing hearing for Arielle Wall, who was convicted of impaired driving causing death, scheduled for Monday in Chatham’s courthouse was adjourned to next year.

Wall was convicted in September of impaired driving causing death and operation while impaired over 80 (milligrams of alcohol in 100 mil litres of blood). She was acquitted of a third charge of dangerous driving causing death.

On April 12, 2021, Wall was driving on Longwoods Road when the vehicle left the roadway near Louisville and came to rest in a wooded area.

Her friend, 19-year-old Gabrielle Emery, died as a result of her injuries sustained in the collision.

In court Monday, Crown attorney Robert MacDonald requested a “short adjournment” because the original Crown attorney on the case, Nick Bazylko was “not returning” to the case.

MacDonald would not divulge in open court the reason why Bazylko was longer on the case other than to say “it is not a matter of illness.”

Defence lawyer Ken Marley called the adjournment “perplexing” while acknowledging it would have been “unfair” to proceed Monday.

Justice Russell Raikes told the court he had already reviewed Wall’s pre-sentence report, letters of recommendation as well as various victim impact statements from Emery’s family.

The judge expressed frustration that the delay was not explained or provided earlier.

Justice Raikes told MacDonald he is in the middle of a homicide jury trial and delayed his charge to that jury for the Wall matter in Chatham court.

The judge also noted the court “needs to be worried” about Section 11B in the Criminal Code of Canada; an accused person’s right to a trial “within a reasonable time” which it defines as 30 months or two and a half years.

According to the code, the clock starts when the charge is laid “up to and including the date upon which the sentence is imposed.”

Wall was charged in late April 2021 and the 30 months were up in late September.

Marley told CTV News Monday, there are two grounds for allowing delays; if the defence requests it or for “exceptional circumstances.”

“It appears to be the latter in this case,” Marley said.

Justice Raikes noted in court Marley has not “waived” his clients’ Section 11B rights.

On Jan. 2, 2024, the parties will meet virtually to set a date for a sentencing hearing.

MacDonald told the court they need time to assign the case to a new Crown, speak with the victim’s family and review the particulars of the trial and the judge’s verdict.