Despite previously being found unfit to stand trial in the murder of Willy Bartz in 2017, an inquiry has found the case still viable against one of the co-accused in the Vernon homicide.
Bartz was found murdered in his apartment at the Sundance Suites on June 19, 2017.
Richard Fairgrieve and Jacqueline Leavins were charged with second-degree murder in the death, and Leavins pleaded guilty to the reduced charge of manslaughter in August 2020.
Fairgrieve was deemed unfit to stand trail in January of that year.
Dan McLaughlin, communications counsel with the BC Prosecution Service, explained at that time that should Fairgrieve be found fit for trial at a later time, prosecution could resume against him.
Fairgrieve's court appearance on Monday was an inquiry into the status of the case under Section 672.33 of the Criminal Code, which states:
"The court that has jurisdiction in respect of the offence charged against an accused who is found unfit to stand trial shall hold an inquiry, not later than two years after the verdict is rendered and every two years thereafter until the accused is acquitted pursuant to subsection (6) or tried, to decide whether sufficient evidence can be adduced at that time to put the accused on trial."
McLaughlin said the court concluded that the standard had been met and the case remains viable.
Bartz, who was 50 when he died, was disabled due to an accident.
He was run over by a car in 1989 and suffered physical and brain damage.
