Jonathan Bacon was fatally shot in Kelowna in August 2011.

Bacon shooting trial underway

An application to dismiss charges in the Bacon trial is still pending, but the trial began anyway

The trial for the three men accused of killing Lower Mainland gangster Jonathan Bacon got underway Monday.

Jujhar Khun-Khun, Jason McBride and Michael Jones appeared in court and each pleaded “not guilty” to the long list of charges relating to the 2011 gangland slaying in Kelowna.

Each face one charge of murder, four counts of attempted murder and numerous gun charges.

The trial proceeded despite an application still pending to have all the charges against the three men thrown out.

Justice Allan Betton noted that he has not finalized his decision on the application yet and that he intends to deliver that decision at the beginning of next week.

Despite this pending application, evidence will be heard in court this week.

The application process to have charges dropped against Khun-Khun, McBride and Jones is based on the Supreme Court of Canada’s ruling in R. v. Jordan, which set out a new framework for analyzing a violation of the Charter.

To get the matter to trial was above the 30-month threshold established in the Jordan case for trials in Superior Court, which means the Crown will be required to show exceptional circumstances to rebut the presumption that the delay was unreasonable.

Bacon, a Red Scorpion gang member, was shot to death outside the Delta Grand Hotel on Aug. 14, 2011. In his vehicle during the attack were Larry Amero, a Hells Angel, James Riach, of the Independent Soldiers, and two women. One of the women, Leah Hadden-Watts , was paralyzed in the incident. Lindsay Black sustained multiple gunshot wounds.

The trio were arrested in 2013.