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Date: 20000127


Docket: A-652-97

CORAM:      STRAYER, J.A.,

         SHARLOW, J.A.,

         MALONE, J.A.

BETWEEN:

     JOE PAL

     Appellant


     - and -



     HER MAJESTY THE QUEEN

     Respondent




     REASONS FOR JUDGMENT

SHARLOW, J.A.,


[1]      We are all of the view that the decision of the learned Motions Judge discloses no reviewable error of law, and that there was evidence to support his conclusion that the Appellant"s delay was inordinate and inexcusable, and caused a serious risk of prejudice to the Respondent. The appeal will be dismissed with costs.


                             (Sgd.) "K. R. Sharlow"

                                 J. A.

January 27, 2000

Vancouver, British Columbia


     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD




COURT FILE NO.:      A-652-97

STYLE OF CAUSE:      Joe Pal

     v.

     HMQ


PLACE OF HEARING:      Vancouver, British Columbia

DATE OF HEARING:      January 27, 2000


REASONS FOR JUDGMENT OF SHARLOW, J.A.

DATED:      January 27, 2000



APPEARANCES:

Mr. Joe Pal      For the Appellant
Ms. Victoria Bryan      For the Respondent


SOLICITORS OF RECORD:

Joe Pal

Surrey, BC      For the Appellant

Morris Rosenberg

Deputy Attorney

General of Canada      For the Respondent











Date: 20000127


Docket: A-652-97

CORAM: STRAYER, J.A.,     

SHARLOW, J.A.,

MALONE, J.A.



BETWEEN:

     JOE PAL

     Appellant

     - and -


     HER MAJESTY THE QUEEN

     Respondent





Heard at Vancouver, British Columbia

Reasons for Judgment delivered at Vancouver, British Columbia



REASONS FOR JUDGMENT BY:      SHARLOW, J.A.

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