Robert Badgerow's 4th murder trial adjourns on 1st day for 'legal issue'

The first day of former Hamilton steelworker Robert Badgerow's precedent-setting fourth trial on the same murder charge ended as soon as it began on Monday.

Justice Patrick Flynn thanked the jury after they were called in around 10:30 a.m. at Superior Court in Kitchener, Ont., but then told them they would be excused until Tuesday morning. 

"As it happens, while you were in your jury room, a legal issue has arisen, which we have to deal with in your absence," Flynn said, adding that this will happen from time to time during the trial. 

This is something we couldn't have anticipated.- Justice Patrick Flynn

He said "it's about our numbers" told the jury that an alternate juror may be called in. There are 13 jurors and an alternate, with a makeup of seven men and seven women.

"I can't say more, we're not going to allow the Crown to open this morning so we can deal with this legal issue," he said. 

"This is something we couldn't have anticipated."

• Jury selection begins at Badgerow trial

The issue was talked about while the jury was out of the room, and therefore cannot be discussed as it is under a publication ban.

Badgerow, who is charged with first-degree murder in the killing of nursing assistant Diane Werendowicz, is the first person in Canada to be tried on the same murder charge four times.

Werendowicz was dragged into a ravine, sexually assaulted, strangled and dumped in a creek in the Hamilton area in 1981. Badgerow was first arrested in 1998. His first trial was overturned on appeal 10 years later.

Ontario's Appeal Court ordered a new trial, but the second trial ended in a mistrial in 2010, with the jury unable to reach a verdict. His third trial also ended in a mistrial because of a hung jury in 2011.

A Superior Court judge ordered a stay, which would have effectively ended the case against Badgerow — but in a ruling released in 2014, the Appeal Court overturned it and ordered Badgerow to stand trial for a fourth time.

CBC News reporter Adam Carter was in the courtroom Monday morning. You can read a recap of his live blog below:

On mobile and can't see the live blog? View it here.