The lawyer for Calgary domestic murder suspect Josh Burgess scheduled a trial date for him, more than a year down the road.
Defence counsel Allan Fay told Justice David Gates his client is prepared to face a three-week jury trial beginning Feb. 20, 2018.
Gates questioned whether Burgess would remain behind bars in the interim.
“He’s presumed detained pursuant to the (Criminal) Code, no bail application is contemplated,” Fay said.
“So he’s going to spend 16 months in custody?” the judge asked.
“On top of the time he’s already served,” the lawyer replied.
Crown prosecutor Sonya Bertrand said earlier dates were offered, but couldn’t accommodate Fay’s schedule.
But Fay said his client is likely looking at a lengthy sentence even if the trial goes his way.
“If the trial comes out the best way possible, he’s still looking at a considerable custodial period,” he said.
The lawyer also alluded to a possible psychiatric defence for the accused.
“Mr. Burgess will see a mental health professional in the near future,” Fay said.
Burgess, 30, was charged with the slaying of his wife, Shannon Madill, more than seven months after she disappeared on Nov. 27, 2014.
He was arrested after her body was discovered July 3, 2015, at the Spiller Road S.E. residence they shared.
He’s been behind bars since he was taken into custody and charged with second-degree murder on July 15, 2015.
If convicted of murder he’d get an automatic life sentence, but a conviction for a reduced offence of manslaughter would likely mean a shorter period of incarceration.
On Twitter: @KMartinCourts
