The utter dysfunction of trying to conduct court proceedings electronically was on display during appearances for Jason Lusted and Matthew MacInnes — the two men charged with second-degree murder in the death of Pelham resident Earl Clapp—on Friday, Dec. 3.
Audio difficulties delayed proceedings numerous times as Lusted waited on video to appear from the Maplehurst Correctional Complex in Milton.
When Lusted’s turn came, the feed from Milton was muted, leading to another delay.
Ultimately, the 49-year-old made his appearance. However, his lawyer was again a no-show.
Lusted had named Hamilton attorney Kim Edward as his representative during his first court date, on Nov. 27, but she had not appeared.
The duty counsel this past Friday told the court that he had no message from Edward.
“Do you know what the request was going to be today?” the Justice of the Peace asked Lusted.
“Just put over for another week,” he replied, still confined to a wheelchair after an alleged suicide attempt on Nov. 5 while in custody in Thorold.
As several people related to other matters talked over each other on the Zoom call, Andrew Burton—the lawyer for co-accused MacInnes —was seen trying to interject.
However, his feed remained muted.
Amid the continued disarray, the justice pleaded with those in attendance to wait their turn.
“I’m confident we can get through this, we just need to be supportive of one another,” she said.
MacInnes appeared later via video from the Niagara Detention Centre, with Burton speaking for him. The lawyer told the court he had only received the “first wave” of disclosure in the case two days earlier, and needed more time to review it.
“I had hoped to have it substantially reviewed before the weekend, but it looks like that will have to occur over the weekend,” Burton said. “So I’m encouraging Mr. MacInnes to call me tonight or later this afternoon so we can discuss.”
MacInnes will be back in court this Friday, Dec. 11.
