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The Crown says this case differs from other trial delay cases because there was “never a question” about his guilt. The delays were caused entirely by the defense, the Crown argued.

“The whole reason we were back to trial is because the accused asked for it,” she said, adding the defence could never put the case together properly.

The case has been before the court for years. Hartman was first convicted in May 2012 and has appealed three times now.

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Hartman originally claimed he didn’t do it but he was convicted in May 2012 and sentenced to 14 months. He appealed but lost.

Hartman appealed again, this time using the new defence that he was asleep during the assault. The courts granted the appeal in July 2015 and a new trial began in April of 2017.

Justice Kim Moore found him guilty a second time in November of 2018 and handed out the one-year sentence. Hartman appealed again, using the unreasonable delay argument.

Sewrattan earlier this year argued the trial judge erred in rejecting Hartman’s claim that the case should be thrown out because of unreasonable delay.

On Monday he said Hartman has tried his hardest during the course of the trials to expedite the process, and that any delay was not the fault of the defence, despite what the Crown said.

Hartman had to obtain new counsel earlier this year, which naturally caused a delay, but said the Crown had a duty to speed things along as well, which Sewrattan said it did not do.

Breault said the courts were constantly on the accused to “get his act together,” adding “the burden was on the accused and he was never ready.”

She argued the defence was not trying to get things done, it was the Crown “at every turn.”

Justice Kenneth Pedlar said he knew what his decision was but did not have time to deliver it.

He adjourned until Jan. 7 at 11 a.m.