The lawyer representing Andrea Giesbrecht said he couldn't go ahead with the bail application because the Crown has not yet shared the autopsy report on the remains. Without the report, Greg Brodsky said there are too many unanswered questions which makes it impossible to "understand the case against the accused."
"Was there a sign of fracture? Was the period of gestation 20 weeks or 24 weeks or two weeks?" he said outside court. "They want to do a toxicological examination that has nothing to do with whether the body is an infant, whether the body is a fetus. It has nothing to do with the cause of death or whether the baby was stillborn."
The hearing has been rescheduled for Dec. 16.
Giesbrecht, 40, showed no emotion as it became apparent she would spend another two weeks behind bars before her bail application was considered. She is facing six charges of concealing the bodies, as well as unrelated fraud charges and a count of breaching a court order.
She has been in custody since her arrest in October following the discovery of the remains. Police notes read out in a previous court proceeding said officers were called on Oct. 20 to a Winnipeg U-Haul facility after employees went into the locker, smelled a strong odour and saw "squishy bags."
Police notes indicate the officers found bodies wrapped in garbage bags and placed in either a duffel bag, a tote bag or plastic containers. One officer managed to pry open a container and saw "limbs that belonged to an infant," court heard.
Police said at the onset it could take months of forensic examination before it's known who the parents were, how the infants died and whether they were full term. Brodsky has said if the remains turn out to be less than 20 weeks gestation, they would not be considered children under the law.
Although court heard the autopsies of the remains are now complete, they were delayed by three weeks while Brodsky sought a court order to have an independent pathologist observe the examination on behalf of his client. His request was ultimately rejected by a judge.
Crown attorney Debbie Buors said the chief medical examiner's office is waiting on toxicology and DNA results which are done by an outside lab. The Crown will be opposing bail, she said.
Giesbrecht is not facing homicide charges right now, but Buors said "that might change in the future."
Brodsky, who initially said his client was "bewildered" by the charges facing her, said Giesbrecht is eager to be released from custody.
"My client is anxious to stop appearing in all these courtrooms," he said.