Families ‘outraged’ and ‘frustrated’ after another delay in Desmond inquiry report
Lawyers representing estates involved in the Lionel Desmond investigation say they are “outraged” and “frustrated” by yet another postponement of the final report on the deaths more than six years ago.
Desmond, a former soldier, shot his wife Shanna, his 10-year-old daughter Aaliyah, and his mother Brenda in Guysborough County on January 3, 2017.
On Tuesday, the Nova Scotia Justice Department announced it was seeking a new judge to replace Judge Warren Zimmer to complete the report stemming from an investigation into the tragedy.
Zimmer, a retired part-time judge, was granted four separate extensions in the past 18 months to extend his term and give him time to complete the report, a press release said. The last extension expired on June 30.
Adam Rodgers is the attorney for Cassandra Desmond, sister of Lionel Desmond. Cassandra represents Lionel’s estate.
Rodgers told CBC News that Cassandra Desmond is furious. He said it is inconceivable that anyone else could complete the report at this time.
“We’ve had thousands of pages of documents and evidence and 55 days of hearings and Judge Zimmer has been working on the report since the last filing last April,” Rodgers said.
“So for another judge to come in and try to pick up on all that just seems like an impossible task to take on and certainly not one that will result in the best kind of report we can expect from an investigation. similar.”
Tara Miller, an attorney for Chantal Desmond, a personal representative for Brenda Desmond (her mother) and 10-year-old Aaliyah Desmond (her niece), told CBC News in a statement: “My client and her family are frustrated by the continued delay in the conclusion of the investigation.”
“This tragedy occurred more than 6 years ago on January 3, 2017. While my client understood that the process to produce a meaningful final report would take time, the time is right to complete the investigation for all involved Miller told CBC.
“Real healing, meaningful answers and hope for a better system for veterans suffering from PTSD and their families battling them on home soil have been put on hold until the final report is delivered.”
Miller said the family is confident that Chief Justice Pam Williams will “expedite the appointment of a new judge.”
Deputy judge is coming
The Nova Scotia judiciary told CBC News in a statement that Williams “has already contacted members of her Bench to find a replacement and hopes a new judge will be appointed to the investigation within the week.”
In May, Williams expressed concern about a backlog in the county justice system.
In a statement to CBC News, the Nova Scotia Justice Department acknowledged the lengthy weight of a report.
“Family and loved ones, the community, as well as all residents of Nova Scotia, have waited a long time for answers. They and other participants in the investigation have been very patient. We thank Judge Zimmer for his work over the past five years. Our hope is that a new judge will be able to complete the final report in a timely manner and provide those answers to the public,” the statement said.
Rodgers compared the investigation to the Mass Casualty Commission investigating the Nova Scotia mass shootings of April 2020. That tragedy happened three years after Desmond killed his wife, daughter and mother. After several extensions, a final report was prepared in March 2022 because there was “an overwhelming amount” of documents to search.
“I have no doubt that Judge Zimmer experienced that too. And so I think we should be patient and wait for his report to be ready, rather than trying to replace him at this very late stage,” Rodgers said.
