An American lawyer charged with smuggling guns through the Osoyoos border has delayed his trial for a second time, citing the challenges of the pandemic and the border closure.

Shawn Bertram Jensen, 60, is facing eight charges including a false or deceptive statement, smuggle goods into Canada, possession of a firearm without a license and more in connection to an Oct. 25, 2019 incident. The case was in Penticton Provincial Court on Monday.

鈥淢y client is an American residing in the U.S. The border closure has been extended to Feb. 21. He can鈥檛 physically be there so we are seeking an adjournment,鈥� said Jensen鈥檚 lawyer, Wade Jensen, over the phone.

Crown counsel Jennifer Crews said she opposes the adjournment, which is the second time he has claimed the border closure as the reason he can鈥檛 go to trial. His trial was scheduled for this month.

鈥淢y friend is going to get tired of me saying this, but I should point out that Mr. Jensen would be permitted into Canada as court dates are considered essential travel, but he would have to quarantine 14 days prior to the trial,鈥� said Crown lawyer Jennifer Crews. 鈥淚t would be likely today or tomorrow he would have to enter Canada and begin his quarantine.鈥�

Judge Michelle Daneliuk said she would like to see the trial started on MS Teams via video.

鈥淎lbeit it is inconvenient but not impossible,鈥� said Daneliuk.

Four days have been set aside for the trial.

In the end, Judge Daneliuk granted the trial adjournment.

Jensen was to set up a new trial date, likely in April.

鈥淭hings aren鈥檛 likely to be markedly different in April of this year from what they are now, so let鈥檚 go without the same adjournment application again next time,鈥� Daneliuk said.

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