An Oliver man charged in a 2022 Canada Day shooting will have his case sent straight to trial.
A preliminary inquiry into Steven Marlo Gallagher’s alleged shooting was cancelled after a direct indictment was made on April 12, forcing a change in schedule to his legal proceedings.
In addition to unlawfully discharging a firearm, Gallagher faces charges of pointing a firearm and aggravated assault.
A 22-year-old from Maple Ridge suffered a wound to the hip following the shooting near the White Sands area on the east side of Osoyoos Lake on July 1, 2022.
Gallagher and his defence appeared in provincial court on April 16 for what had been scheduled as a decision on an application to have witnesses testify remotely at the upcoming preliminary inquiry.
Gallagher appeared via video, as he serves out sentences for arson and other unrelated firearms crimes from 2021.
The application was rendered moot, as the Crown prosecution has decided to move forward with a direct indictment, which means skipping the preliminary inquiry and moving straight to the trial.
Defence for Gallagher expressed his frustration with the move by the Crown.
“This is very troubling news,” said Gallagher’s defence. “The direct indictment always takes away certain privileges or rights, to have a trial in provincial court, to have a preliminary inquiry.”
Despite his frustrations, with a direct indictment the hands of Gallagher’s defence and that of the judge were both tied.
The judge acknowledged the frustrations, noting the case would be moved to the Supreme Court level and all she could do was schedule Gallagher’s next court appearance.
Gallagher’s next appearance is scheduled for May 6 in the Supreme Court in Penticton.
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