The Crown is proceeding with its drug-trafficking case against Diego Hernandez, a B.C. man they believe is missing in Mexico.
Hernandez, 22, was arrested by Saanich police in September 2010 and charged with possession of cocaine for the purpose of trafficking and possession of a stolen TV.
According to court documents, Hernandez was released without a bail hearing on a promise to appear in court. In October 2012, after a preliminary inquiry, Hernandez was committed to stand trial in B.C. Supreme Court. The judge-alone trial is scheduled to begin Sept. 9 and was set for three days.
On Wednesday, prosecutor Tom Corsi told B.C. Supreme Court the Crown believes Hernandez has been missing in Mexico for some time. However, it cannot confirm the Diego Hernandez missing in Mexico is the same one on the drug file, Corsi said.
“So he may show up on the first day of trial, but he may not,” Corsi said.
The prosecutor asked for an order to notify witnesses they do not have to be present on the first day of the trial.
Justice Keith Bracken made the order, which also requires witnesses to be available that week in case Hernandez shows up.
In an earlier proceeding, Hernandez’s defence lawyer, Ryan Drury, removed himself from the case.
Hernandez was living in Langford at the time of his arrest. He was released on a promise to appear because he did not have a criminal record.
About two years ago, he moved to Puerto Vallarta, where his mother operates an orphanage for girls.
Hernandez trained and competed in mixed martial arts and ran a gym in the city. He and his friend, Craig Silva from Phoenix, Ariz., disappeared May 8, three days after organizing a mixed martial arts fighting event there.
The families of Hernandez and Silva are frantically searching for information on what they believe to be a kidnapping. The men were last seen in Silva’s truck, which has since been recovered by Mexican authorities.
At the time of Hernandez’s disappearance, Puerto Vallarta police said no information would be given on the case.
A spokesperson from Foreign Affairs and International Trade Canada confirmed that consular officials are providing services to the family of a Canadian citizen reported missing in Mexico, and that they are in contact with local authorities.
