Cape Breton Post

Judge holds more time for MLA’S trial

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HALIFAX — Lawyers now say more than one day will be needed for Chester-st. Margarets MLA Hugh Mackay's trial on a charge of impaired driving.

The charge was laid in February, 15 months after Mackay allegedly committed the offence on Nov. 22, 2018. RCMP have not offered an explanatio­n for the delay.

Defence lawyer Don Murray entered a not guilty plea on behalf of Mackay, 65, at his arraignmen­t in Halifax provincial court in March.

Judge Ann Marie Simmons booked Dec. 7 for the hearing, and Murray said he might request additional time if the Crown disclosed more evidence.

A pre-trial conference was held Thursday in Halifax provincial court, with lawyers participat­ing by phone.

“Since the last appearance, I’ve been provided with further disclosure and I’ve had a brief conversati­on by email with (Crown attorney Melanie Perry),” Murray told the court. “Because of the new disclosure, the day that we’ve set aside is probably not sufficient.”

Murray said another half-day will be required, and Perry agreed with his assessment.

Simmons reserved the morning of Dec. 10 as well and scheduled another pre-trial conference for July to confirm that date.

Murray doesn’t expect any evidentiar­y issues will need to be discussed with the judge in advance of the trial.

Last November, Mackay was fined $2,000 and prohibited from driving for one year after pleading guilty to a different charge of impaired driving, from an Oct. 13 traffic stop near his home in Glen Haven. His breathalyz­er readings were .180 and .190, more than twice the legal limit of .08.

Mackay was elected to the legislatur­e as a Liberal in 2017 but now sits as an Independen­t. He resigned from the Liberal caucus this February, after news broke about the new charge.

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