Judge to rule in extraordinary fraud case in Sudbury later this month

Sudbury businessman David Murray will learn Nov. 28 if he is guilty of some, all, or none of the 35 fraud charges he is facing.

But even if Ontario Court Justice Sharon Murphy renders guilty verdicts, her finding may well be symbolic. Justice Murphy has agreed with Murray’s defence that the case took too long to come to trial, violating his constitutional right to a speedy trial.

Recommended Videos

As a result, she will ultimately stay the charges against Murray.

A judge will stay proceedings when there is an irreversible prejudice to the accused’s right to a fair trial, often due to abuse of process or misconduct by the Crown. This action halts the case indefinitely, effectively ending it, because it would be contrary to the public interest for the proceedings to continue. Unlike an a