Judge ad­justs hol­i­days to hear sen­tenc­ing sub­mis­sions for Evan Fry

The Compass - - NEWS - BY AN­DREW ROBIN­SON ed­i­tor@cb­n­com­pass.ca

Faced with the prospect of hav­ing to wait five months to hear sen­tenc­ing sub­mis­sions from lawyers, Judge Jac­que­line Brazil de­cided to post­pone her own hol­i­days to get Evan Fry’s home in­va­sion case dealt with.

The 22-year-old was con­victed ear­lier this month of break and en­ter and armed rob­bery for a 2015 home in­va­sion at the Bay Roberts res­i­dence of 85-year-old Jean Hill­yard. His ac­com­plice, Joshua Wal­ter Bur­ton, was sen­tenced last year to over six years in prison.

Last Thurs­day, Brazil was in Har­bour Grace ex­pect­ing to hear rec­om­men­da­tions for sen­tenc­ing from Crown pros­e­cu­tor Natalie Payne and de­fence lawyer Su­san Day. Fry ap­peared by video from Stephenville.

While Payne was ready to pro­ceed, Day said in light of the case law pre­sented by her coun­ter­part, she needed ad­di­tional time to pre­pare.

Need­ing at least two hours to deal with sen­tenc­ing based on Day’s as­sess­ment, the trou­ble Thurs­day then be­came de­ter­min­ing when to set the next date. Brazil is no longer the sit­ting judge in Har­bour Grace, and tak­ing into ac­count what was al­ready booked for court and the sched­ules of the two lawyers and the judge, the ear­li­est date they were look­ing at was in Fe­bru­ary.

This did not sit well with Brazil. Fol­low­ing a brief re­cess to dis­cuss op­tions, the judge an­nounced she would for­sake her sched­uled an­nual leave to have the mat­ter heard Dec. 19, a date both lawyers could work with. She also asked Day and Payne to con­sider bring­ing the case back for an ear­lier date if an open­ing can be found.

Fry was ar­rested in May of last year and has re­mained in cus­tody ever since, hav­ing also spent some of that time serv­ing a sen­tence con­nected to an un­re­lated mat­ter.

TC ME­DIA FILE PHOTO

Evan Fry is seen here await­ing the ar­rival of a judge at St. John’s Pro­vin­cial Court ear­lier this year.

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