Lorena Tridico, former Ward 4 City Councillor, was charged in April 2007, along with her father, sister and Rita Cipriano, who is now her sister-in-law, with elections irregularities in connection with the 2006 municipal election.
There were a few others charged in connection with the case early on but charges against them were dropped before they went to court.
The crown alleged that Lorena Tridico helped Rita Cipriano provide false information to an election official and vote in a place she wasn't entitled to vote.
It further alleged that Cipriano provided false information and voted at a polling station she shouldn't have voted at.
It also alleged that Grace Tridico, former Huron-Superior Catholic District School Board Trustee and sister of Lorena Tridico, helped her father, Orlando Tridico, provide false information and vote in the wrong polling station as well.
The Crown suggested Cipriano and the Tridicos did this to help elect Lorena and Grace to City Council and the school board respectively.
Lorena won by a respectable margin over the next closest candidate in her race for Ward 4.
In the subsequent municipal election they both lost their bids to return to their respective offices.
Grace and Orlando Tridico were initially found guilty of the Election Act charges filed against them.
They both successfully appealed those decisions and their charges were overturned but subsequently reinstated by a higher court.
Grace Tridico paid a fine of $3,500 while Orlando paid a fine of $1,000.
Lorena Tridico was also found guilty of the election act charges against her at her initial trial in April 2009.
After an appeal, the convictions were set aside in July of 2010.
The Crown's charge that Tridico was an accessory to Rita Cipriano providing false information and voting in a place she wasn't eligible to vote essentially hinged on a conviction of Cipriano on the related charges.
Cipriano's trial, instead, went in every direction other than toward an end when her counsel, Don Orazietti and the Justice of the Peace hearing the case, Susan Hilton, butted heads over courtroom procedures.
That hearing ended in a mistrial, then Orazietti appealed to have Justice Hilton conclude the case because the evidence had been presented and the hearing was essentially finished when Hamilton walked away from it.
She was ordered to render a decision and appealed that order.
Orazietti withdrew as Cipriano's counsel to facilitate a decision on the hearing but Hilton has still not ruled on it, despite a petition to render a decision by Cipriano's new counsel, Gus Palumbi.
As a result, Lorena Tridico applied for a stay of proceedings because the process has taken an undue amount of time to conclude.
Yesterday, her legal counsel, Joseph Bisceglia released the following statement confirming that the stay was granted.
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Lorena Tridico appeared today in Provincial Offences Court in Sault Ste. Marie.
This date had been set for the new trial directed by way of an appeal decision of Mr. Justice Buttazzoni of September 13, 2010.
Before the Court today was an application brought by Ms. Tridico for a stay of proceedings under Section 11 (b) of the Charter of Rights and Freedoms.
This was a preliminary application before commencement of a new trial on one remaining charge under the Municipal Elections Act.
Her position was that this outstanding matter had not been dealt with in an expeditious manner and that she, in the circumstances had been prejudiced.
The original charges against Ms. Tridico were brought on April 11, 2007.
She had been charged with two alleged offences under the Municipal Elections Act.
After the initial trial and appeal the Crown conceded that there was no basis for a conviction on one charge and as a consequence, the appeal court dealt with one count.
Judge Buttazzoni of the Ontario Court of Justice on September 13, 2010 set aside her conviction on the other count and directed a new trial.
The new trial was to have taken place with respect to the alleged charge that she was party to an individual voting in a place that that individual ought not to have voted at.
At the commencement of the matter this morning the Crown conceded that there was a basis for the 11(b) Charter application brought by Ms. Tridico and, in the circumstances, a stay of proceedings should be granted by the Court.
In Court, the Crown acknowledged that there was some validity to Ms. Tridico's Affidavit material indicating that she had been prejudiced as a result of the delay.
The Crown did not agree with all of the calculations submitted by counsel for Ms. Tridico, Joseph A. Bisceglia, as to the nature and extent of the delay, and whether it was attributable to the Crown or systemic.
The Crown, however, did concede and did agree that there was undue delay and, in all of the circumstances, the jurisprudence supported a stay Order being issued by the Court under Section 11(b).
Mr. Bisceglia, on behalf of Ms. Tridico, indicated on the record, that Ms. Tridico withdrew her claim for costs of the application for the stay of proceedings without prejudice to any other rights that she may have to pursue any claim for damages that she may feel appropriate in the circumstances.
Any other such future potential claims would not include any claim for costs of the application for a stay of proceedings, in light of the Crown consenting to the stay Order.
Ms. Tridico will, in due course, issue her personal statement to her constituents and supporters.
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