De­ci­sion time

Judge agrees to give de­ci­sion on Char­ter ap­pli­ca­tion

The Western Star - - FRONT PAGE - BY GARY KEAN gkean@thewest­ern­star.com Twit­ter: WS_GaryKean

Jus­tice David Hur­ley has agreed to give his de­ci­sion in the case of Kirby Spence, de­spite ear­lier say­ing he wanted to first wait for the out­come of an ap­peal in the case of a sec­ond man orig­i­nally charged in the same crime.

Jus­tice David Hur­ley has agreed to give his de­ci­sion in the case of Kirby Spence, de­spite ear­lier say­ing he wanted to first wait for the out­come of an ap­peal in the case of a sec­ond man orig­i­nally charged in the same crime.

Spence and An­dre Le­cuyer were ar­rested fol­low­ing an al­leged vi­o­lent home in­va­sion in Corner Brook in early 2014. They were each charged with break and en­try, forcible con­fine­ment, theft and with be­ing dis­guised while in­tend­ing to com­mit an in­dictable of­fence.

The vic­tim claimed he was bound and robbed of cash and elec­tron­ics.

Spence was also charged with pos­ses­sion of prop­erty ob­tained by crime.

Prior to go­ing to trial, Le­cuyer suc­cess­fully ar­gued a Char­ter of Rights and Free­doms ap­pli­ca­tion which led to the dis­missal of charges against him in June 2016 be­cause cer­tain ev­i­dence could not be in­cluded at trial.

The Crown is cur­rently ap­peal­ing that de­ci­sion.

Spence has ar­gued a sim­i­lar ap­pli­ca­tion and is await­ing Hur­ley’s de­ci­sion on it, but the judge had in­di­cated he wanted to hear the rul­ing on Le­cuyer’s ap­peal first.

Spence’s case was called in court in Corner Brook Tues­day morn­ing. Crown at­tor­ney Trina Simms in­di­cated that no hear­ing date has been set to hear Le­cuyer’s ap­peal yet. Fur­ther, she told Hur­ley the Crown doesn’t be­lieve the de­ci­sion in Spence’s case hinges on the Le­cuyer de­ci­sion be­cause, al­though there were some com­mon is­sues, there was enough of a dif­fer­ence be­tween the two ar­gu­ments.

While it has not been con­firmed in open court yet, Simms also told Hur­ley that it has been in­di­cated to her via the provin­cial Crown’s of­fice that it is likely Le­cuyer’s own lawyer may be con­ced­ing that a new trial is war­ranted in Le­cuyer’s case.

Gary Kear­ney, who rep­re­sented Spence in court Tues­day, said that, al­though a de­ci­sion in the Le­cuyer mat­ter might be some­what help­ful, it will soon be nearly four years since the al­leged crimes. He added it could pos­si­bly be some time in 2019 be­fore the Le­cuyer mat­ter is heard and de­cided on and his client’s mat­ters ad­vanced in the court sys­tem.

Hur­ley agreed he would give his de­ci­sion and in­di­cated he could do so in De­cem­ber, but Kear­ney said he was go­ing to be un­avail­able for the last two weeks of the month.

Hur­ley will ren­der the de­ci­sion Jan. 4.

Spence

Newspapers in English

Newspapers from Canada

© PressReader. All rights reserved.