SASKATOON – The verdict for a man charged with first-degree murder in his wife’s death will be handed down on June 14 as scheduled, said Justice Richard Danyliuk Wednesday.
Days ahead of the scheduled June 14 verdict, Greg Fertruck, who represents himself, had filed an application with the court for a mistrial and to reopen the trial for further gun testing of the weapon the Crown alleges he used to shoot and kill his wife Sheree Fertuck.
“In a long and somewhat bizarre trial full of twists and turns, trauma and tribulations – what’s one more?” said Justice Danyliuk.
Greg Fertuck’s trial started September 2021 and has been adjourned numerous times.
“Mr. Fertuck has been extended every courtesy, granted every accommodation, throughout the long course of this trial,” said Justice Danyliuk on June 12.
In his application for an expert to check the firearm, Fertuck accused the RCMP of planting the firearm and said in his statement in the hotel room, he made up a story that he disposed of the firearm in a ravine by Struan, Sask.
“This is the firearm that was found under a granary by Kinley approximately six years later,” said Fertuck. “After seeing this firearm in court, I realized that it couldn’t be the firearm that fired the shells because of the lack of rush shown on the gun that was under a granary for six years.”
Addressing Fertuck’s application for a mistrial, Justice Danyliuk said there was nothing substantive to justify his request.
On June 10, Fertuck told the court that he “really didn’t want a mistrial” but he felt the judge should allow him to call a firearms expert. He said he felt an expert would help him prove the rifle in evidence did not fire the spent shells found in the gravel pit.
“Mr. Fertuck’s explanation for his request for a mistrial was incomprehensible,” said Justice Danyliuk. He indicated he did not want a mistrial. He could not explain why he asked for it in his application. He could not point to any event(s) that had irrevocably damaged the fairness of his trial. He could not articulate no position in fact or law supporting a mistrial.
“Should a mistrial be granted?” asked Justice Danuyliuk. “The short answer is ‘no.’ Generally Mr. Fertuck’s complaints and concerns have more to do with an appeal once this trial is completed. Than they have to do with a mistrial.”
Justice Danyliuk said Fertuck didn’t explain in his affidavit why he believed the RCMP planted the rifle when in fact there is absolutely no evidence in the trial record to so much as suggest that is the case.
“I place no weight on that particular averment.”
Justice Danyliuk said when he asked Fertuck why he had not retained and called the firearms expert months ago he said he didn’t have the $20,000 needed for the gun expert.
“I pointed out to him that the Minutes of Settlement in the family property division action were in evidence. Those Minutes listed Mr. Fertuck’s retirement assets as being entirely retained by him. Even allowing for the payment of $60,000 to Mr. Bodnar and $15,000 for his tax debt, Mr. Fertuck should have had over $350,000 at his disposal.
“Mr. Fertuck’s responses were… incredible,” added Justice Danyliuk. “He first said his sister was now handling his finances. He advised his sister had informed him he had no money in an account. I asked why he had not checked with his financial institution. He said being on remand for over four years meant he had no time to do so.
“No time? On remand Mr. Fertuck has virtually nothing but time. If he is expecting the public purse to finance his own private litigation experts then he is seeking something akin to state-funded counsel.”
Fertuck is representing himself since his lawyers quit after he made complaints about them to the Law Society of Saskatchewan alleging incompetence and failure to follow his instructions and directions.
Fertuck was arrested June 24, 2016, near Saskatoon and charged with first-degree murder after he told an undercover officer posing as a crime boss in the Mr. Big sting that he had shot his estranged wife 51-year-old Sheree Fertuck twice with a .22 calibre rifle and put her body in the gravel pit, court heard.
Mr. Big stings are covert operations used by the RCMP where undercover police pose as fictitious criminal organizations to gain a confession. Before the RCMP launch a Mr. Big sting, they place the suspect under surveillance for weeks to learn about his habits and personality. They then come up with an interactive scenario for the suspect.
Sheree Fertuck was last seen leaving her family’s farmhouse near Kenaston on Dec. 7, 2015, to haul rock to a nearby gravel pit. The body of the mother of three has never been found. In April 2016, police determined that Sheree Fertuck was a victim of a homicide.
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