Closing arguments in the trial of Robert Schoenborn, accused of murdering his three young children in 2008, have been postponed for a day.
The defence was expected to begin summing up Wednesday with a position that suggests the 44-year-old man was not criminally responsible for smothering and stabbing his daughter and two sons, aged five to 10, due to mental illness.
However as B.C. Supreme Court Justice Robert Power arrived in court this morning, Crown Glenn Kelt said the matter would have to be delayed.
Lead defence counsel Peter Wilson has fallen behind due to illness, said Mr. Kelt.
Mr. Kelt told Justice Power the Crown argument will be that evidence points to Mr. Schoenborn "knowing what he was doing" when he killed the children - acts he has described in detail in testimony during the trial, which began in October.
Rishi Gill, co-defence counsel, said Mr. Wilson will elaborate on a position that the argument for first-degree murder has not been made.
As Mr. Schoenborn looked on from the prisoners' dock, Justice Power, who is hearing the case without a jury, agreed to postpone the hearing.
The defence will begin its summation tomorrow. Both sides suggested they might finish in a day, but Justice Power left open the option to carry on into Friday.
The Crown has argued that Mr. Schoenborn killed his children on April 6, 2008, leaving their bodies in the trailer home in Merritt where they lived with their mother - Mr. Schoenborn's estranged partner of 15 years.
The Crown says the killings were acts of revenge by Mr. Schoenborn against his partner for disputes in their relationship.
Mr. Schoenborn has said he killed his children to save them from shame and sexual abuse though there has been no evidence the children were abused.
The children - 10-year old Kaitlynne, eight-year-old Max and five-year-old Cordon - were left in Mr. Schoenborn's care by their mother while she spent the night with her own mother.
Darcie Clarke found the remains of the children when she came home. Mr. Schoenborn was found 10 days later in the woods near Merritt.