Sammy Yatim murder trial delayed until next week

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Opening arguments in the trial of Constable James Forcillo, 32, were supposed to begin on Tuesday after jury selection was completed late last month.

The jury was never called into the courtroom, however, because some last-minute legal issues arose on the eve of the trial, which is scheduled to last for two months.

The lead Crown attorney, Milan Rupic, and lead defence counsel Peter Brauti made arguments about the issues before Justice Edward Then, who is presiding over the trial. The specifics of the legal arguments are subject to a publication ban because they were made outside the presence of the jury.

When the proceeding began on Tuesday, some friends and family members of Mr. Yatim sat on one side of the courtroom. A number of out-of-uniform police officers sat on the other side. Six burly officers dressed in dark blue or grey suits sat around the defendant's wife, Irina Forcillo, in seats reserved for the family of the accused.

Constable Forcillo, also in a dark blue suit, sat a few metres ahead in the courtroom, next to his lawyers.

Justice Then was clearly frustrated that the Crown and defence had not resolved the legal issues before the jury was scheduled to hear opening arguments. But he agreed to more legal submissions on the outstanding issues and indicated he hopes the jury can be recalled to start hearing the evidence on Oct. 20.

Constable Forcillo is charged with second-degree murder and attempted murder as a result of a confrontation with Mr. Yatim while he was standing near the driver's seat on a Toronto Transit Commission streetcar in the west end of the city. The officer allegedly fired nine shots in two separate bursts. Mr. Yatim was allegedly armed with a knife.

Cellphone video of the incident taken by civilian bystanders suggests another officer boarded the streetcar and used a Taser on the young man about 35 seconds after the gunfire.