Charter application in HMP riot case rejected by judge

A provincial court judge has rejected a charter application, meant to halt trial proceedings for two men accused of participating in a riot at Her Majesty's Penitentiary.

Nick Avis, who is defending Justin Harvey, and Nick Westera, who is defending inmate Calvin Kenny, filed court documents in November that allege specific HMP managers knew that something wasn't right, on and before Feb. 9, the day that several inmates jumped convicted killer Kenny Green. 

The lawyers argued that because management knew an attack was planned on Green and failed to act, that the trial for the men accused was compromised.

Judge Colin Flynn said on Friday morning that there is "no air of reality" that actions by prison officials compromised the fairness of the trial. 

The case will be backed back in court on Dec. 23.