A month and a half went by after the death of Lumby mother Tatjana Stefanski before her ex-husband was charged with her murder, a period of time over which fear and consternation grew in the community.
Many in the community, including Lumby Mayor Kevin Acton, lamented the situation that saw Vitali Stefanski released from custody shortly after the discovery of Tatjana's body on April 14, only for him to be arrested again and charged with second-degree murder on May 31.
But while the case coincided with a shortage of Crown prosecutors in Vernon 害羞草研究所� a shortage that has the BC Crown Counsel Association about a need for 50 per cent more prosecutors locally 害羞草研究所� the BC Prosecution Service says staffing levels at the local Crown office have nothing to do with the delay in charging Stefanski.
Damienne Darby, communications counsel with the BC Prosecution Service, told The Morning Star that Stefanski's second-degree murder charge was laid "as soon as the police investigation reached the standard for charge approval set out in our charge assessment guidelines."
Last month, Adam Dalrymple, president of the BC Crown Counsel Association, told The Morning Star that Vernon currently has only six full-time Crown prosecutors, which he said is not enough to manage significant caseloads, including a number of homicides.
However, while Dalrymple said low prosecutor staffing levels could generally lead to delays in charging suspects, Darby said that's not the reason for the delay in the Stefanski case, as that case was handled by Crown counsel in the regional office and not the short-staffed Vernon office.
Darby said the regional Crown office often takes control of cases involving a homicide.
These cases often take time, as Darby said Crown counsel must measure all available evidence gathered over the course of an investigation against a two-part test: whether there is a substantial likelihood of conviction, and if so, whether the public interest requires a prosecution.
"A substantial likelihood of conviction exists where Crown counsel is satisfied there is a strong, solid case of substance to present to the court," Darby said.
A "substantial likelihood" at minimum requires that a conviction is a more likely outcome of a prosecution than an acquittal, according to the Prosecution Service's charge assessment guidelines.
In determining whether the evidentiary test is satisfied, Crown counsel has to consider what material evidence is likely to be admissible and available at a trial; the objective reality of the admissible evidence; and whether there are viable defences that remove any substantial likelihood of a conviction. Crown counsel is also required to consider the presumption of innocence in any case.
Stefanski remains in custody. His next court appearance takes place July 25 for him to consult legal counsel.
