An ongoing Toronto murder trial has been postponed mid-trial until June 8, a judge ruled Friday as courts grapple with responding to concerns about COVID-19.

On Friday afternoon Superior Court Justice Brian O’Marra made the “challenging” decision to postpone the murder trial of Abdirisaq Ali and Tanade Mohamed with two or three weeks of evidence left to go, sending the jury away until June 8.

Future jury trials were suspended Thursday night until an unspecified later time, according to the Ontario Chief Justice, but the decision whether to continue ongoing jury trials has been left to the discretion of the trial judge.

“This will allow for clarification of the public health issues,” O’Marra said, as well as giving the best chance to complete the trial with the jury that has already heard much of the Crown’s evidence.

“I am confident you want to carry though and complete this job,” he told the jurors.

Meanwhile, another Toronto murder case — Kalen Schlatter’s trial for the first-degree murder of Tess Richey — continued, with the jury expected to begin deliberations next Friday at the earliest.

Ali and Mohamed are on trial, accused of killing Tyler McLean and Zemarai Khan Mohammed in the early hours of Oct. 1, 2017, in a parking lot across from the Rebel nightclub on Polson Street. Both men have pleaded not guilty to two charges of second-degree murder.

“It is a perfect storm of circumstances,” O’Marra said. The trial had faced other delays due to health issues and necessary legal arguments, he said. As a result, although the trial was expected to end this week, the Crown has not yet closed its case.

O’Marra said he “did not want to be the messenger of doom” but public buildings have begun to close, and the courthouse could eventually be closed as well. He said trying to resume the trial any earlier than June would not be enough time, given the uncertainty of the situation.

Schlatter’s trial will continue with closing arguments next week with the jury expected to begin deliberations Friday at the earliest.

Superior Court Justice Michael Dambrot told jurors they will have the option to use taxis to come to and from court. Since some courtrooms will not be in use next week, he will arrange to have one of them made available for jury deliberations so that jurors don’t have to be in a small jury room.

“We’re going to do our best to keep you all healthy,” he said.

It is unclear how many ongoing jury trials are being postponed or have had mistrials declared. The Superior Court of Justice expects to have an answer next week.

Loading... Loading... Loading... Loading... Loading... Loading...

The court website provides information on who to contact should an accused or witness be unable to attend court as a result of self-isolation due to possible exposure to Covid-19. The website stresses the importance of accused persons contacting the court to avoid a warrant being issued.

Anyone who has been summoned for jury duty no longer needs to come to court unless told otherwise.