TORONTO - A 29-year-old man charged in the death of eight-year-old Victoria Stafford will go straight to trial without a preliminary hearing.
Michael Rafferty's hearing was scheduled to start June 21, but the Ministry of the Attorney General is now proceeding with a direct indictment.
"Direct indictments can be used in cases where there are compelling circumstances that require, in the interests of justice, that the matter be brought to trial as soon as possible," ministry spokesman Brendan Crawley said in an email.
While Crawley could not comment specifically on Rafferty's case, he said direct indictments are used when Crown counsel has concluded there is a "reasonable prospect of conviction."
Preliminary hearings are held to see if there is enough evidence to go to trial.
Rafferty's lawyer, Dirk Derstine, said he is disappointed with the decision.
"I think that the preliminary inquiry is an excellent place for starting the process of determining whether a case is proper or truthful or not," Derstine said.
"We're not particularly happy it's being taken away from us."
The ministry's reasons, including saving time, don't justify the "extraordinary step," Derstine said.
"It won't have sped up the trial probably by one day."
No date has yet been set for Rafferty's case to return to court, but Derstine still expects his trial to take place some time in 2011.
When Tori failed to return home from school on April 8, 2009 in Woodstock, Ont., it set off a desperate search that touched hearts countrywide.
Terri-Lynne McClintic, 20, and Rafferty, 29, were arrested the following month and charged with first-degree murder and kidnapping.
Tori's remains were not found until more than three months after her disappearance, some 100 kilometres away in a field north of Guelph.
Court proceedings in McClintic's case are under a sweeping publication ban.
