Article content continued

The Stephans say they have liquidated their assets, are in debt to their previous lawyer and don’t have enough money to obtain the necessary assistance to receive a fair trial.

Rooke said the Stephans would be better off taking their request for legal fees to a civil court.

“You’re in the wrong procedure and the wrong place. That’s civil court. Another judge … another day,” Rooke said.

Stephan has alleged collusion between the Crown and police in the first trial and has also accused some witnesses of perjuring themselves.

He said outside court he and his wife wanted a delay as well as the cash for lawyers to guarantee a fair trial.

“We were hoping for a stay of proceedings until we got legal representation. It’s kind of bittersweet. It would sure be nice to have this case turfed like it should be,” Stephan said.

“As heart-wrenching as it’s going to be for myself and my wife, it would sure be nice to have the truth come out.”

Rooke noted that the Stephans had not filed an application for legal aid.

“You don’t have to justify why you’re not applying for it. Some people may say you’re a fool for not doing it, but that’s your business. You have the right to represent yourself,” the justice said.

Stephan said one or even two lawyers appointed by legal aid wouldn’t be sufficient. He said civil action isn’t possible now either.

“If we had the money we would have already been before the civil courts to have all of these facts tried,” he said.

At this point, he said, they might have to continue to represent themselves.

The original trial in Lethbridge heard evidence that the couple treated the boy with natural remedies and smoothies made of garlic, onion and horseradish rather than take him to a doctor. He had been ill for several days and at one point became so stiff he couldn’t sit in his car seat.

Once the boy stopped breathing, the Stephans called 911 but he died in hospital in Calgary in 2012.

The Stephans now live in Grande Prairie.

Photo by Facebook

Follow @BillGraveland on Twitter