Alberta Crown prosecutors are pursuing a retrial on conspiracy to murder a police officer charges against Chris Carbert of the ‘Coutts 4,’ which were dropped August 2. Carbert on Tuesday evening released documents detailing the Crown’s basis for requesting a retrial. Prosecutors allege the judge erred in court proceedings and therefore there were grounds for another trial. Tony Olienick, who was aquitted of the same charge earlier in August alongside Carbert, is likely facing a retrial as well, though it is just Carbert's documents that were released. The charges were laid in February 2022 related to the border blockade at Coutts, AB, and Montana. Carbert and Olienick on August 2 were found not guilty of the murder conspiracy charges, but they were found guilty on mischief and possession of a weapon for a dangerous purpose charges. Olienick was further convicted of possessing an explosive. Their sentencing date on August 12 was set for August 30. On August 16, prosecutors said they would file an appeal. .Prosecutors Steven Johnston, Matthew Dalidowicz and Aaron Rankin in their request for a retrial wrote grounds for appeal are based on the judge’s alleged errors: 1. The Trial Judge erred in excluding relevant and admissible evidence.2. The Trial Judge erred in his instructions to the jury.3. Such further grounds as counsel may advise.“The relief sought is that the acquittal be set aside and a new trial ordered," wrote Alberta prosecutors. Marco Van Huigenbos of the 'Coutts 3,' who faced mischief charges for his participation in the 2022 border blockade, picked up the documents Carbert left him at the Lethbridge Correction Center. He said Carbert was served the papers last week. .Van Huigenbos addressed misplaced criticism that the Coutts’ 900+ days in remand due to failures of the Trudeau Liberal government, noting this is an Alberta-specific issue involving the Court of Appeal Alberta and Alberta Crown Prosecution Service.“The point I'm trying to make is that a lot of folks still like to pin this on Ottawa, specifically Trudeau,” wrote Van Huigenbos on social media alongside Carbert’s documents. “Alberta Justice is its own entity, it has its own courts and crown prosecutors. We even have our own Minister of Justice and Solicitor General of Alberta, aka Mickey Amery.”“All decisions to prosecute, appeal, etc., in Alberta are within the jurisdiction of the Alberta Crown Prosecutor Service.”
