Two Sudbury men charged in an incident where a man was shot in the foot with a handgun over an alleged drug debt will remain in jail despite the fact police can't find the alleged victim.
Joseph Nichols, 28, faces a charge of aggravated assault and numerous weapons charges, while Jason Laro, also 28, is charged with aggravated assault following an incident last Nov. 11.
In court Tuesday, defence lawyers Denis Michel, representing Nicholls, and Stephanie Baker, representing Laro, were unsuccessful in having charges thrown out against their client.
Assistant Crown attorney Andrew Slater asked for an adjournment stating two key civilian witnesses, including the alleged shooting victim, have left town and haven't been able to be served with subpoenas forcing them to testify.
Police know the town where both witnesses live, but have been unable to make direct contact with them, Slater told the court.
An original date of early April was set to hold a preliminary hearing on these charges, but those dates were moved up until Tuesday because Laro and Nichols remain in custody.
Police have attempted on numerous occasions to contact the victim and the other female witness and the Crown believes police will be able to serve them with subpoenas in the near future, said Slater.
Michel argued there's only a slim chance these two witnesses will be found by police and his client and Nichols should not be forced to wait behind bars because of the slim likelihood these two witnesses can be found.
Justice Richard Humphrey ruled these are very serious charges, police have done everything in their power to try and locate the two witnesses and the adjournment being sought by the Crown was reasonable under all the circumstances.
A date for a new preliminary hearing on these same charges was set later Tuesday against Laro and Nichols.
Both remain in custody.
