MONCTON, Canada — Delays are looming for the trial of Daniel Bard, a man facing 19 counts related to fraud and money laundering, amid emerging health concerns of his newly appointed attorney. The trial is scheduled to begin in September, but the defense is encountering potential hurdles.
Bard’s new lawyer, Nelson Peters, took over the case in June after the previous attorney withdrew due to personal health issues. During a provincial court session on Monday, Peters informed Judge Anne Richard that he is unlikely to be adequately prepared for the September 15 start date. He expressed concern that his own health may impede his ability to handle the anticipated four-week trial.
Peters is set to meet with a physician in early September to gauge whether he is fit to proceed with the case. He emphasized the importance of this upcoming appointment, as it will inform his capacity to represent Bard effectively.
Bard, who is 60 years old, sat quietly in court as proceedings unfolded. Peters additionally announced plans to file a Rowbotham application, which would request governmental funding for a second defense attorney to assist him if he chooses to move forward with the trial. Currently, Peters is being compensated by the provincial government.
Crown lawyer Chris Ryan supported the idea of securing additional legal assistance, underscoring that Bard is entitled to a fair trial. Judge Richard stipulated that if a Rowbotham application is submitted, both lawyers must be present and prepared for the trial’s duration. She stressed the necessity for continuity in representation, stating, “I don’t want an in-between.”
To provide clarity on the proceedings, Judge Richard set a September 10 deadline for Peters to submit a written update regarding his health status. Both Peters and Ryan, along with Bard, declined to make comments to reporters following the court session.
Turning to other procedural matters, Peters indicated that while his health might pose challenges, he is prepared to present arguments concerning Bard’s Jordan application, which addresses delays in trial proceedings. This application is rooted in a Supreme Court of Canada decision that mandates trials in provincial courts should generally conclude within 18 months of charges being filed, barring certain exceptions. Bard was charged in 2022, and his trial, initially set for late 2023, was postponed when he changed attorneys.
Judge Richard has taken the timeline into consideration and has previously adjusted her docket to facilitate a more prompt hearing for Bard’s case. The court has reserved three days beginning September 15 for the Jordan application hearing, which aims to ensure that Bard’s rights are upheld throughout the ongoing legal process.
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