No evidence was presented at the Desmond Fatality Inquiry.
It was adjourned in Guysborough Monday.
33-year-old Afghan War veteran Lionel Desmond was diagnosed with PTSD after two tours in 2007.
In January 2017, he killed his wife, daughter, mother, and himself in their Upper Big Tracadie home.
The inquiry heard reasoning for the request to adjourn by Borden family lawyer Tom Macdonald Monday morning.
He said he was only retained last week and hasn’t had time to get fully versed on the evidence.
Macdonald said without that time, he couldn’t represent the Borden family properly.
“Could there be a worse start? If in the air there is a whisper of some injustice, somehow, because somebody didn’t have their say,” he said. “Even though it’s frustrating, even though it’s, some could say, last minute.”
Macdonald said it was important the Borden family be able to present relevant evidence to the inquiry.
Desmond family lawyer Adam Rodgers argued against the adjournment
Rodgers said the Desmond family has been waiting for answers long enough.
“When things begin, your honour, they become real in a tangible way and in a way that contributes to the public understanding of the issues to be reviewed,” he said. “As we go more and more time, without making the changes that we are expected to see come from this inquiry, we are delaying the benefits.”
Rodgers said Macdonald could recall witnesses if he needed to question them after reviewing the evidence.
Senior Crown Attorney Allen Murray didn’t come down on one side or the other.
Murray said there was value in starting the inquiry immediately, but also said waiting would have advantages.
“The evidence and submissions, that could be presented by the Borden family with the benefit and assistance of fully briefed counsel, would benefit the inquiry in fulfilling its mandate.”
Justice Warren Zimmer decided to grant Macdonald’s request and adjourn the inquiry until January 27, 2020.
In his decision, Zimmer said the inquiry wouldn’t be justly served without the Borden family having representation which had time to examine the evidence of the case.
