Murder trial to resume in fall

A long-delayed Kelowna murder trial likely won't resume for another year.

Gabriella Sears was arrested for the killing of Darren Middleton, 49, on the morning of June 17, 2021, after his body was found on the floor of Sears' bathroom in Rutland by Middleton's common-law partner.

Her second-degree murder trial began in October 2023, but on what was meant to be the 18th day of her trial, she announced that she was firing her two lawyers, accusing them of “gaslighting” her and colluding with the Crown.

Sears has remained in custody, but her trial has been delayed for more than a year as a handful of lawyers who've tried to take over the case have since withdrawn.

During a brief court appearance Wednesday morning, future court dates were set for the trial's continuation next fall, with the trial picking back up on Oct. 14 and running through January of 2026. This will mean the trial will have been delayed for nearly two years before it picks back up.

'Jordan' considerations

During Wednesday's hearing, Crown prosecutor David Grabavac said the Crown would be ready to proceed by February, but the defence won't be ready to continue the trial until the fall.

Grabavac noted this in court due to possible “Jordan” considerations, which govern the timeline of trials. In a landmark Supreme Court of Canada decision, the court put a 30-month time limit on Superior Court cases in Canada, from the laying of a charge to a conviction or acquittal. If a case goes longer than that, it can be thrown out entirely.

But the time limit is not cut and dry, with the SCC leaving allowances for delays attributed to defence or for exceptional events that could not be foreseen. The Jordan issue in the Sears case will likely be argued after the conclusion of the trial.

While Sears has gone through several lawyers, Vanessa de Jong has most recently assisted her through a second fitness assessment process that Justice Miriam Gropper had ordered, to ensure Sears was still fit to stand trial.

Having been found fit to stand trial, de Jong plans to now stay on as Sears' lawyer through the rest of the trial.

De Jong said during Wednesday's appearance she requires the Crown to send her the entire transcripts from the first 17 days of trial, disclosure that Grabavac said will cost upwards of $50,000, according to the court registry.

Justice Gropper said regardless, the defence will need access to the transcripts if the trial is to continue, and the “courts are prepared to bear the cost.” Justice Gropper told Grabavac and de Jong to resolve the transcript disclosure issue on their own.

Confession excluded

During the first 17 days of trial, Middleton's common-law spouse Brenda Adams testified that he never returned home after he went to pick up a load of turf from his employer, who lived nearby, on the evening of June 16, 2021.

After spending the night calling friends and searching the area for him, she went to Sears house just after 1 a.m. and found Middleton's body on her bathroom floor. She said Middleton appeared to be wearing someone else's clothes, and his penis had been cut off.

Adams testified she and Middleton had known Sears for several months prior to the death, and she sometimes did odd jobs for the couple. Adams said they had known Sears as “Dereck,” but days before Middleton’s death, Sears told them she now identified as a woman and went by Gabby or Gabriella.

After her arrest, Sears confessed to police that she had killed Middleton, but her lawyers Watt and Forss, who she eventually fired, successfully argued to have those confessions excluded from evidence, due to the RCMP's conduct infringing on her Charter rights.

The continuation of the trial is scheduled to run for eight more weeks next October, November, December and into January 2026.