David Stephan and his wife Collet Stephan arrive at court on Thursday, March 10, 2016 in Lethbridge, Alta. The Stephans will be appealing their conviction for failing to provide the necessaries of life to the Supreme Court of Canada. THE CANADIAN PRESS / David Rossiter

Calgary judge says no to $4M in legal fee cash for couple charged in son’s death

David and Collet Stephan are facing a retrial in the meningitis death of their son

A Calgary judge has refused requests from an Alberta couple facing a retrial in the meningitis death of their son for their legal fees to be covered and for a delay in the case.

David and Collet Stephan wanted $4 million to pay for past and future legal bills.

In 2016, the Stephans were found guilty for failing to provide the necessaries of life to their 19-month-old son Ezekiel.

The conviction was overturned by the Supreme Court of Canada and a new trial is scheduled for June.

Justice John Rooke also turned down the couple’s request for a stay of the proceedings.

He told David Stephan that the upcoming trial will not be an inquiry into the death of his son, but will decide on the couple’s guilt or innocence.

The couple’s trial in Lethbridge, Alta., heard evidence that they treated the boy with natural remedies and smoothies made with garlic, onion and horseradish rather than take him to a doctor. Ezekiel had been ill for several days and at one point became so stiff he couldn’t sit in his car seat.

Once the boy stopped breathing, the Stephans eventually called 911 but he died in hospital in Calgary in 2012.

Last year, the Supreme Court ruled the original judge did not properly instruct jurors and ordered a new trial.

The couple’s application for cash asked that they be granted $1 million to cover their past legal expenses and that another $3 million be placed in trust for any future defence fees.

The Stephans say they have liquidated their assets, are in debt to their previous lawyer and don’t have enough money to obtain the necessary assistance to receive a fair trial.

David Stephan has already told court that the applications are the result of recently released disclosure evidence that suggests 719 pages of defence material was released to the Crown by the RCMP.

The Stephans now live in Grande Prairie, Alta.

Bill Graveland, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Lacombe and District Chamber of Commerce hosts 38th annual Spring Trade Show

Show runs April 26th, 27th at the Gary Moe Auto Group Sportsplex

Lacombe Grade 6 students become Mayor for a Day at City Hall

Students took part in a mock City council meeting

Town of Blackfalds holds Multi-Plex Open House

Designs for dual-arena, expanded library shown at public consultation

Lacombe’s Galactic Wranglers Robotics Club earns way to World Championships

Community donates over $18,000 for Houston trip in five days

Lacombe Rams Rugby off to promising start in 2019

Coach looking for right mix of veterans and new players

Avalanche hot at the right time, cruise past Flames into second round

Avalanche onto second round with a 5-1 win over the Calgary Flames in Game 5

Parents say Austrian climber missing in Banff National Park ‘lived his dream’

David Lama, Hansjorg Auer and American climber Jess Roskelley have been missing since Wednesday

Six months after legalization, high prices and supply issues boost illicit pot market

It has been six months since Canada became the first industrialized country to legalize recreational cannabis

Kirkland Signature veggie burgers recalled due to possible metal fragments

Recalled products came in 1.7 kg packages with a best before date of Apr. 23, 2019

Flooding, climate change force Quebecers to rethink relationship with water

Compensation for victims of recurring floods limit to 50% of a home’s value, or a maximum of $100,000

Storms blast South, where tornadoes threaten several states

9.7 million people in the Carolinas and Virginia at a moderate risk of severe weather

Private cargo ship brings Easter feast to the space station

There are three Americans two Russians and one Canadian living on the space station

Notre Dame rector: “Computer glitch” possible fire culprit

The fire burned through the lattice of oak beams supporting the monument’s vaulted stone ceiling

Undercover cops don’t need warrant to email, text suspected child lurers: court

High court decision came Thursday in the case of Sean Patrick Mills of Newfoundland

Most Read