A final development came Monday night in a Saskatchewan case, days before a trial verdict.
Suspected killer Greg Fertuck wants to call more witnesses to testify and request a mistrial 11 days before sentencing in Saskatoon, Judge Richard Danyliuk said in a letter to prosecutors and the defence.
Fertak was on trial for first-degree murder after his ex-wife disappeared nearly 10 years ago. Her body has never been found. In 2019, Fertak confessed to his ex-wife's death while speaking to undercover police officers posing as members of a criminal gang. During the trial, he repeatedly told the judge that his statements were lies.
The evidentiary portion of the trial concluded in February after nearly four years in court. Fettak will be tried by judge alone.
On Monday, Judge Daniliuk said he received an email from Brent Little, who is assisting Fettak with his own trial while Fettak is representing himself, saying Fettak wants to call more witnesses and file a motion for a mistrial.
“He voluntarily moved the court to hire his own firearms expert and to file for a mistrial,” Little said in an email.
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Judge Daniliuk said the timing “could not have been worse,” noting it was not the first time Fetak had the opportunity to call additional witnesses.
“It is unclear to me why Mr. Fetak’s request to call an expert witness in late 2023, which I granted him for a lengthy adjournment, was not honored,” Daniliuk said. “When the defense called evidence, Mr. Fetak did not call the firearms expert.”
The court required Fettak to file a formal application on the relevant matters, including reasons and evidence. The prosecution must also be notified.
“Mr. Fertak should know — because I've told him so many times — that he can't simply stand up and demand something,” Daniliuk said, noting that Fertak admitted in court that he felt he had received a fair trial.
Daniliuk said he would consider processing Fetak's latest request, but would strictly adhere to the deadline.
Fetak must file a complete application, along with supporting affidavits, by 4 p.m. Wednesday for his request to be considered. Prosecutors must file their responses by 4 p.m. Friday. If the proper materials are filed by the deadline, Daniliuk will hear the case on Monday.
Any decision on the application will be made before the trial decision is heard, which is still scheduled for June 14.
Daniliuk noted in the letter that Fetak had no history of filing applications as recommended by the court.
“I have lost count of how long (Fertuck) has complained to me about his detention,” Danyliuk said. “Each time I would advise Mr. Fertuck to make an application for judicial interim release, I would hear the application, consider it, and make a decision.
“Besides making this application, Mr. Fettak has done nothing but continue to complain.”
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