Judge adjusts holidays to hear sentencing submissions for Evan Fry
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.
Evan Fry is seen here awaiting the arrival of a judge at St. John’s Provincial Court earlier this year.