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Murder trial stalled after officer who testified tests positive for COVID-19

'There are risks (in the job of a police officer) and this is one of the added risks that they have now,' says Barrie police official
2020-09-16 Barrie courthouse RB
The Barrie courthouse is located on Mulcaster Street. Raymond Bowe/BarrieToday

An in-person Barrie murder trial came to an abrupt halt this morning when it was revealed that a witness has tested positive for COVID-19.

Officials have confirmed it was a police officer who appeared as a witness last week.

Dyrrin Daley is accused of first- and second-degree murder in the deaths of 19-year-old Nickolas Pasowisty and his 51-year-old father, James Pasowisty. The trial was about to enter its second week and today marked the fifth day of proceedings. 

“A person has tested positive,” Justice Vanessa Christie said during a brief virtual resumption of the hearing Monday morning, identifying them only as a witness. “This person was in the courtroom.”

The judge and the two Crown attorneys said they have been tested and have received negative results since learning of the situation Sunday.

Barrie police communications co-ordinator Peter Leon confirmed it was a police officer who testified at the trial who has COVID-19.

“It occurred on duty as a result of responding to a call for service which took place last Sunday,” Leon told BarrieToday. “It shows that this virus is still very active in the community.

“There are risks (in the job of a police officer) and this is one of the added risks that they have now," he added. 

The officer, Leon said, is doing well and the service continues to follow safety protocols. He called it a one-off incident.

Defence lawyer James Harbic said he spent much of Sunday with his client, Daley, at the Central North Correctional Centre in Penetanguishene when he learned about the positive case and that this is the second time his trial has been delayed as a result of the pandemic.

Harbic said although he is always concerned about delayed justice and the impact on his client, he does understand these unusual circumstances.

The court is expected to continue virtually Tuesday for an update with the possibility that the trial will resume Wednesday.

The Barrie Police Service announced April 6 it had a small outbreak with two officers working in a specialized unit testing positive for COVID-19.

Leon said there have been no other cases related to the latest case in the police service.