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Michael Bryant's lawyers seek crown's case in cyclist's death

The Toronto Star: Michael Bryant’s lawyers seek crown’s case in cyclist’s death

Peter Small
Courts Bureau
Published On Mon Nov 16 2009EmailPrintRepublishAdd to Favourites Report an error

Former Ontario attorney general Michael Bryant continues to await disclosure of the Crown’s case against him in the death of a Toronto cyclist, his lawyer says.

"We are very anxious to have this matter move forward," his lawyer, Mary Henein, told Justice of the Peace Peter Gettich Monday.

"We cannot do so before full disclosure" is produced, she said.

Crown agent Mark Sandler told Gettich that both sides want the case to proceed "as expeditiously as possible," and announced that a judge has been assigned as a case manager.

Provincial Court Justice Paul Bentley, the new case manager, will meet behind closed doors with the parties for a judicial pre-trial on Nov. 30. Sandler asked that the matter come back for a public court date on Dec. 7.

This was the second court date for Bryant, who is charged in connection with the Aug. 31 death of cyclist Darcy Allan Sheppard, 33. He was not at either court session at Old City Hall courthouse. Attendance is not required for routine dates in provincial court.

Bryant is charged with criminal negligence causing death and dangerous driving causing death.

Outside court, Henein said that the Crown is handing over disclosure as quickly as it gets it from police, but that a considerable amount is still to come.

"At the end of the day I don’t have control over disclosure," she said.

She said she is doing everything she can to get the rest of the evidence against Bryant by Nov. 30.

Bryant and his wife were driving along Bloor St. around 9:30 p.m. on a Monday when they were involved in a minor traffic incident with Sheppard.

Some witnesses alleged the cyclist chased Bryant and grabbed hold of the driver’s side door.

Police alleged Bryant took off, crossed into the oncoming lane and mounted the curb, dragging Sheppard along.

The cyclist eventually fell, 50 to 100 metres down the road, after he struck a mailbox and a tree, witnesses said.

He died later.