The trial of a man charged in connection to the death of his brother was set to get underway in Regina on Monday but now faces a delay.

Court heard by phone from Joseph Thauberger’s lawyer that he is currently in hospital.

According to his lawyer, Thauberger has a stint which requires surgery at Pasqua Hospital. She asked for a delay of trial until Thursday for re-assessment.

The Crown countered, saying one of their witnesses travelled into town for the hearing, and that Thursday feels like too long a time for a re-assessment.

The Crown is also concerned, stating that Thauberger has said on the record he expects this won’t proceed because he would take himself out of the equation.

Justice Janet McMurty adjourned the trial until 4 p.m. Monday afternoon for an update on his condition.

Thauberger, 80, is accused of first-degree murder in connection with the death of his brother, Patrick Thauberger, who went missing in September of 1997.

Police laid the murder charge in November of 2020 after discovering remains in a rural area that they believe are Patrick’s.

Joseph Thauberger was arrested and charged with first-degree murder and indignity to a dead human body.

Patrick Thauberger, who was 53 at the time, was last seen on Sept. 3, 1997 and was reported missing to police on Sept. 16, 1997.