Lawyer for money launderer Talal Fouani will argue his client has been the victim of unreasonable delay

The lawyer for an admitted money launderer who was also the victim of a deadly ambush which killed his wife, will argue next month that his client’s right to speedy justice has been denied.

But defence counsel Greg Dunn on Tuesday said even if it’s found Talal Fouani’s constitutional rights have been breached, that may not result in his criminal prosecution being stayed.

Dunn told Justice Greg Stirling that he could find Fouani was a victim of a Charter breach, but only use that fact to reduce an appropriate sentence on a charge of money laundering.

Dunn will present a so-called Jordan application, based on the Supreme Court case of that name, which says cases that take too long to proceed in court can result in judicial stays as a result of an accused’s right to a speedy trial being delayed.

The lawyer told Stirling that Fouani’s case is unique in that he pleaded guilty early on in the proceeding, on March 17, 2023, but the case has gone through multiple delays since then, including an unsuccessful bid by his former lawyer to have Stirling recuse himself from the case.

Then-lawyer Yoav Niv also announced an intention to withdraw that admission, but since Dunn has taken over the file that application has been abandoned.

Fouani also faces charges of possession of property obtained by crime and participating in a criminal organization.

When Dunn took on the file earlier this year he said he would review multiple potential applications, including whether Fouani’s Charter right to be tried within a reasonable time had been violated.

Another issue was whether the defence would be challenging facts the Crown wanted to put before the court to support the guilty plea after Niv rejected a proposed agreed statement of facts earlier on.

“I am hopeful we will be able to proceed on the basis of an ASF,” Dunn told Stirling.

The lawyer also told the Calgary Court of Justice judge that the two sides will need a ruling on his Jordan application before proceeding to sentencing submissions because a judicial stay could still be the result.

Fouani’s charges were already before the court when he and his wife, Nakita Baron, were ambushed outside their southwest Calgary home the morning of Aug. 18, 2022.

Video from a neighbour’s security camera showed Fouani backing out of their driveway when an individual in a construction vest and walking a dog approached and fired into the vehicle, killing Baron and severely injuring Fouani.

Michael Tyrel Arnold is scheduled to stand trial next year in connection with the shootings.