Duggan defence requests hearing for recusal of sitting judge

Defence attorneys for a Bayhead man accused of killing his neighbour are seeking to have the judge scheduled to hear the preliminary inquiry removed from the case.

“ e defence has taken the position that it would be appropriate in the interest of justice for a recusal motion to proceed,” said Legal Aid lawyer Dave Mahoney, who is co-counsel along with Stephanie Hillson of Amherst for Ernie (Junior) ross duggan.

Duggan, 50, is charged with rst-degree murder in the Sept. 17 death of 58-year-old Susan Butlin.

e defence wants Truro sitting Judge Al Bégin recused from hearing the preliminary inquiry because of his involvement in a peace bond application Butlin had led against Duggan shortly before her death.

“Because the recusal motion will be dealing with evidence that deals with the preliminary inquiry, we will also be making a motion or application for a ban on publication,” Mahoney told provincial court Judge Rosalind Michie, on Monday.

Duggan, who remains in custody, made his court appearance via video link. He is also accused of attempted murder against several RCMP members following an alleged exchange of gunfire at the Lockerbie Memorial Cemetery in Tatamagouche on the morning following Butlin’s death.

A preliminary inquiry has tentatively been scheduled for the weeks of Sept. 10 and 17.