The Crown will seek to enter comments made by people in a house where a shooting occurred as evidence in the trial of Trevor Wilvers, charged with unlawfully causing bodily harm and criminal negligence.
Lawyers set a date Tuesday for the four-day trial, scheduled to begin Jan. 14.
Crown lawyer Frank Caputo said the words spoken as police arrived on the scene of a shooting on Brunner Avenue on June 4 this year are expected to show he was the shooter. Such utterances are typically treated as hearsay and not admissible.
The Crown will argue they should be used against Wilvers.
The Crown alleges Wilvers fired a gun in an upstairs suite during a fight with what police called “an associate.”
The bullet passed through the floor, striking the 25-year-old tenant living in the suite below.
In addition to charges of criminal negligence causing bodily harm and unlawfully causing bodily harm, Wilvers will also stand trial on assault, uttering threats and several firearms offences.
The trial was originally set for October but was adjourned after a Crown witness recanted a statement to police.