Fouad Nayel's family took their fight for justice to the steps of the Ottawa courthouse Thursday morning, protesting a judge's decision to stay the murder charge laid against their son's accused killer.

For the first time in Ontario history, an Ottawa judge ruled a stay of first degree murder charges, citing unacceptable delays.

“This guy is walking, not because he was found innocent, but because of time delays,” says Amine Nayel, the father of murder victim Fouad Nayel, after hearing the heartbreaking ruling in court.

Fouad Nayel, 28, was missing for five-months before his badly decomposed body was found in the woods near Calabogie on November 11, 2012. He had been shot from behind twice. Former Canadian soldier, Adam Picard, 33, was arrested in December 2012, charged with first degree murder, in a suspected killing over drugs.

Picard, who had remained in custody for four years, was to finally begin his trial this week. Instead, in a shocking ruling, Justice Julianne Parfett entered a “stay of proceedings”. She ruled “Adam Picard’s rights have been infringed” his “right to be tried within a reasonable time”.

The Crown had argued it was the Defence who caused delay. Picard changed lawyers four times. The Crown also argued the case is complex, involving two police services, 30,000 pages of disclosure and 78 witnesses. But Justice Parfett ruled there was nothing complex about that, instead she said, the Crown should have done more to move the case through the courts.

“I am well aware that, in deciding to stay these charges, the family of the deceased in this matter will not see justice done as they would want,” wrote Justice Parfett, “the accused himself may find this to be a hollow victory. A stay of proceedings is not the same as a verdict of not guilty.”

“The right to a trial within a reasonable time also includes a right to a fair trial,” says Picard’s lawyer Lawrence Greenspon, “not a trial where the witness’ memory of what happened is four years old.”

In a statement late Tuesday Ontario’s Attorney General Yasir Naqvi tells CTV News, “I take this matter very seriously and I am concerned. It is imperative that our criminal justice system works to protect the interests of all Ontarians, including victims, the public and the accused. My Ministry’s officials are looking closely at today’s decision. I have asked them to conduct their review as quickly as possible and I expect it to be concluded shortly.”

The Crown has promised Nayel’s parents an appeal is on the way, but they say they are losing faith in the justice system, “he can’t defend himself anymore, it’s me, I’m going to be his voice, we have to be his voice,” says his mother Nicole, fighting back tears.

“I don’t care whose fault it was for the delays, but what about us? We don’t count,” says Amine.