WEYBURN — A lengthy preliminary hearing has been scheduled for the man charged in a fatal shooting near Weyburn last September.
The inquiry is to run from Oct. 21-23 and 26-29 in Weyburn Provincial Court, and will determine if sufficient evidence exists for Christopher A. Fahlman to stand trial in the death of Tanya Myers last year.
Prior to setting the preliminary hearing dates, Judge Mitch Miller asked if seven days were needed for the hearing, due to the pressure it would place on the court. Crown prosecutor David Belanger responded they were.
Several dates had previously been rejected, and more were turned down for other reasons before the October dates were finalized
Fahlman is charged with one count each of second-degree murder and intentionally discharging a firearm while being reckless as to the life or safety of another person.
Miller said on Jan. 6 he wanted to have preliminary hearing date established, but he also wanted to send the matter to Regina for a case management conference with a different provincial court judge, as he is concerned about the projected length of the preliminary hearing.
“I don’t want to set seven days of prelim time and then we only use four of those, because right now, obviously, court time is valuable everywhere, but it’s particularly valuable down in Weyburn,” said Miller, adding the length affects other courts because a relief judge will be needed.
Case management would also look at admissions, disclosure, witnesses and more.
A case management session, discussed for Jan. 15, won’t be proceeding.
When asked by Miller for an update on disclosure, Belanger said Fahlman’s attorney Sharon Fox should have about 80 per cent of the information, but they are waiting for other documents, including the final autopsy report that can take anywhere from eight to 12 months.
The case management meeting is expected to occur in July or August.
Fahlman appeared in court Jan. 6 by video. He has been in custody since his arrest in early November and has been denied bail. He has elected to have a trial by judge and jury in Court of King's Bench.
Background: Fahlman is charged with fatally shooting Myers, a 44-year-old Weyburn woman, on Highway 39 near Weyburn in September.
A show-cause hearing was held Nov. 19 and 20 in Court of King's Bench in Weyburn. After two days of testimony, evidence, cross-examination and arguments, the judge reserved his decision. He ruled a few days later that Fahlman would remain in custody.
The evidence, arguments and other information presented during the hearing, as well as the judge's reasons for denying bail, are covered by a publication ban.
Fahlman was initially charged with one count each of manslaughter with a firearm, careless use of a firearm, carrying a weapon for the purpose of committing an offence, and occupying a motor vehicle knowing there is a firearm inside. Those charges were stayed after the two current charges were brought forward.
According to the RCMP, Myers was a passenger in one of two vehicles struck by bullets while travelling on Highway 39 on Sept. 12. The RCMP says Fahlman and Myers were not known to each other.
SaskToday will continue to have updates on this story.
