Gemtec Ltd. and Lutes Trial Adjourned

-Update-

MONCTON, November 10, 2003 - The ruling on a motion brought forth last October 6 by the defense and which could see the case against Gemtec Ltd. and Mr. Robert Lutes dismissed, will be rendered by Judge Finn next December 12 at 11 am.

MONCTON, October 8, 2003 - Following a motion introduced by defence lawyer Robert Kenny, provincial court Judge Yvette Finn will have to decide whether charges in the trial against the environmental consulting firm Gemtec Ltd. and its employee Robert Lutes will be dismissed or if the trial is to resume normally.

The motion, introduced on October 6 is based on section 82 of the federal Fisheries Act which describes a two-year statute of limitation on offences being committed. According to Mr. Kenny, the Crown did not proceed rapidly enough in this case, having waited until 2003 to proceed to trial when, allegedly, it had been aware of problems at the site since 1997. Paul Adam, prosecutor for the Crown, argued however that the illegal acts described in the charges had taken place between July, 2000 and November, 2002 and as a result, that Environment Canada complied with the statute's two-year limitation.

The two parties have until October 31 to submit written arguments on the motion introduced by Mr. Kenny after which a date will be set on November 10 by Judge Finn to announce whether the trial goes ahead or not.