New ev­i­dence to be en­tered in Bow­man case

Lawyer fill­ing out ap­pli­ca­tion to re­open

The Compass - - FRONT PAGE - nmercer@cb­n­com­

A Car­bon­ear man must wait to find out his fate af­ter his lawyer started the process to en­ter new ev­i­dence on his be­half.

Michael Brian Bow­man was to be sen­tenced on May 16 at the provin­cial court­house in Har­bour Grace.

How­ever, Bow­man’s lawyer Peter Ralph stated he wished to file an “ap­pli­ca­tion to re­open.”

This means Ralph has re­quested the op­por­tu­nity to en­ter new ev­i­dence into the pro­ceed­ings in hopes of gain­ing a lighter sen­tence for his client.

The de­fence had been push­ing for the manda­tory min­i­mum sen­tence of four years for his client’s charges, which in­clude the fol­low­ing:

• use of a firearm in com­mit­ting a rob­bery; • be­ing dis­guised with in­tent; • point­ing a firearm; • and pos­sess­ing a weapon or im­i­ta­tion for a danger­ous pur­pose;

Ralph was also look­ing for his client to re­ceive 1.5 days for his time served. Bow­man has been in cus­tody for eight months.

It was un­be­knownst to Ralph that Bow­man, while in cus­tody with the Trin­ity Con­cep­tion RCMP, be­gan the detox­i­fi­ca­tion process and was brought to both the emer­gency room at Car­bon­ear Hos­pi­tal and a lo­cal physi­cian for treat­ment.

“I’m ap­ply­ing to re­open be­cause I don’t think we have an ac­cu­rate pic­ture of the sever­ity of Mr. Bow­man’s ad­dic­tion,” said Ralph.

The Crown is not com­mit­ting to re­open­ing.

Judge Jac­que­line Brazil seemed hes­i­tant, stat­ing she would like to see “the mat­ter con­cluded,” but will al­low Ralph to sub­mit the ap­pli­ca­tion.

Ralph will now have un­til June 14 to file the ap­pli­ca­tion, while the Crown will have un­til July 3 to re­view the ap­pli­ca­tion.

Both sides will dis­cuss re­open­ing on July 17.

Bow­man has pleaded guilty to the Aug. 20, 2012 armed rob­bery of a phar­macy in South River.

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