A mistrial application in the case of a former Innisfail RCMP constable who was convicted of 14 criminal charges including criminal harassment, extortion and mortgage fraud became a possibility during a June 6 Court of Queen's Bench Appearance in Red Deer.
Hoa Dong La was found guilty of two counts of criminal harassment, two counts of extortion and 10 charges of mortgage fraud on March 23 after a trial was held in late January and early February. A sentencing hearing was scheduled for June 6 but instead defence lawyer Ian McKay asked for more time.
McKay said he may be considering a mistrial application in light of documents which were received after the conclusion of the trial in February. McKay said in 2010 La had made a privacy act application to Veterans Affairs with regards to his file but only received the documents this year.
McKay said parts of the file are still redacted and over 2,000 pages were received. Within the documents was the information that a mental health diagnosis had been made on La by psychiatrists in 2003 but La himself was not aware of the issue.
Other pertinent information to the defence included exact dates and times of La's whereabouts that could be compared to other evidence, the possible installation of an in-car camera for La's police vehicle and more. McKay said the information, which he is still sorting through, could have impacted his defence tactics.
“It caused me a great deal of concern about what was there and how that could have been used,” McKay said.
He's considering having a different lawyer look at the documents and advise about any applications he should make, including asking for a mistrial.
“It's in the interest of justice to track down this information,” McKay said.
Justice David Gates questioned how La could have a mental health diagnosis he was not aware of. The justice indicated from his preliminary reading of the case law a mistrial could still be declared.
Crown prosecutor Leah Boyd raised a concern about the two- to three-month delay McKay had requested. She said the Crown had not been aware of the documents in question until May 28 when she got a letter from McKay.
“Obviously under the circumstances I'm prepared to give the defence an adjournment,” Gates said, though the length of time is in question. He arranged a court date to be held in Calgary or Edmonton depending on his schedule on June 27 for future dates in the case to be decided.
“The issues that you've raised are serious issues. They're important issues,” Gates said, adding the issues touch on the fairness of the trial.
RCMP confirmed on June 7 that La had handed in his resignation from the force.
“His resignation is dated for June 8,” said Sgt. Patricia Neely. She said the resignation was tendered shortly after his conviction.
Neely said since he's resigned, La will not be subjected to formal disciplinary action by the RCMP.
La's charges of extortion and harassment related to his behaviour towards two separate sets of tenants. The mortgage fraud charges were for four separate properties in and around Innisfail and Bowden.
The first set of extortion and harassment charges took place over months in 2003 and 2004, the second set with different tenants between 2005 and 2006.
The mortgage frauds were alleged to have taken place in 2005 and 2006.
