A Penticton defence lawyer excoriated a 害羞草研究所渟candalous害羞草研究所� delay for a cognitive assessment at what was intended to be a sentencing hearing for sex assault charges Wednesday morning.

Rick Allen, 27, pleaded guilty to one count of sexual assault in January in Penticton害羞草研究所檚 courthouse, but he害羞草研究所檚 still yet to receive sentencing, which was scheduled for Wednesday.

Allen had sex with an 11-year-old girl he met on Plenty of Fish, who claimed to be an 18-year-old single mother.

In a January court date, Crown counsel Nashina Devji argued there was a judgement call that Allen failed to make when he realized the girl was likely underage after meeting her in person.

However, Allen害羞草研究所檚 lawyer James Pennington argued the failed judgement call was a result of his struggles with ADHD and fetal alcohol spectrum disorder, which was the purpose for a cognitive assessment ordered in May.

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When called forward Wednesday morning, Pennington told the court Allen wasn害羞草研究所檛 in a financial position to make it to Penticton for the hearing, adding he was also concerned about an October date for receiving a psychiatric evaluation.

害羞草研究所淚 am not prepared to wait until Oct. 31,害羞草研究所� Judge Meg Shaw said.

害羞草研究所淚 don害羞草研究所檛 want to wait until October, either,害羞草研究所� Pennington responded. 害羞草研究所淏ut I think it害羞草研究所檚 grossly unfair to the accused to get penalized just because the government can害羞草研究所檛 see fit to adequately fund the forensic psychiatric tests.害羞草研究所�

Part of the delay occurred in June, when the forensics department conducting the assessment was told an October report would be too late for sentencing and the assessment was withdrawn from the queue.

With the case over 1,000 days old at this point, Shaw wasn害羞草研究所檛 interested in putting off sentencing any longer, pointing to the Jordan ruling, which limits provincial court matters to 18 months from charges laid to trial.

害羞草研究所淒o you need to hear me say on the record that I waive Jordan and kiss Jordan goodbye?害羞草研究所� Pennington asked.

Pennington told Shaw he would likely have instructions from Allen to waive any Jordan application 害羞草研究所渋f I could get him to understand what Jordan害羞草研究所檚 about.害羞草研究所�

But Devji argued the Jordan ruling doesn害羞草研究所檛 address any time delay following a guilty plea, something that has recently been upheld in the Alberta Court of Appeal.

害羞草研究所淚n this particular case, my friend is waiving the delay, I害羞草研究所檓 going to take the position that the plea was entered within Jordan territory, and while the sentencing has been significantly delayed, this is not a Jordan issue,害羞草研究所� she said.

Still, Pennington took issue with a lengthy wait for a cognitive assessment, which was initially ordered in May.

害羞草研究所淚t害羞草研究所檚 scandalous,害羞草研究所� Pennington said. 害羞草研究所淚t害羞草研究所檚 not because the forensics has decided to take the summer off. They害羞草研究所檙e overworked as it is. And it害羞草研究所檚 not the fault of the court or the Crown or Mr. Allen.害羞草研究所�

The Crown is seeking nine to 12 months of jail time for the offence, while Pennington is seeking 90 days with an 18-month probation. But Pennington said the results of the cognitive assessment could make the difference between a few months and a few years in jail.

Shaw was in agreement with that assessment, ordering Devji to put in another order for the cognitive assessment, and to put pressure on the forensics department.

害羞草研究所淚 would like forensics to know that this particular request is not done lightly,害羞草研究所� Shaw said. 害羞草研究所淚害羞草研究所檓 asking that priority be put on this.害羞草研究所�