Murder charges withdrawn

Not guilty verdicts entered for two Eskasoni men in jail since 2019

SYDNEY — A scheduled two-week murder trial was abruptly halted Tuesday before a single witness was called to testify.

As well, a separate murder trial against a second accused will also not proceed as scheduled.

A charge of second-degree murder against Kirk Daniel Gould, 31, and Roger Wilfred Prosper, 40, both of Eskasoni, was withdrawn Tuesday after prosecutors Steve Melnick and Christa MacKinnon informed Supreme Court Justice Robin Gogan that the Crown would be offering no evidence.

Both men were charged in connection with the beating death of 33-year-old Harry James Lafford Jr. that occurred between March 21-22, 2019, in Eskasoni.

Gould's trial was scheduled to begin Tuesday while Prosper's trial was slated to begin in February.

Both accused have been on remand since their arrest in 2019. Gould had been denied bail while Prosper consented to a remand.

Both accused were released from custody Tuesday after Gogan entered not guilty verdicts.

The decision to abandon the prosecution was a surprise for many who had been watching both cases proceed through the court.

Gould's 13-member jury panel had only been selected on Monday and the jurors were scheduled to begin hearing evidence Tuesday morning. An extra juror was selected given the expected length of time for the trial in the event another juror became sick or otherwise unable to complete their service.

“I can't comment on the evidence,” said Melnick, in speaking to reporters outside the courtroom Tuesday.

“However, the Crown has a continuing obligation to review the evidence and after a review we came to the conclusion there was no reasonable chance for a successful prosecution,” he said.

The formal process of withdrawing the charge was done in the presence of Gould's selected jury who were then dismissed.

The charge against Prosper was completed by video with Prosper appearing from the Cape Breton Correctional Centre.

After his appearance in Supreme Court, Prosper then appeared by video in provincial court where a charge of aggravated assault was also dismissed.

That offence involved an assault on another offender at the provincial jail on April 8, 2019.

MacKinnon explained that given the length of time Prosper has spent on remand, a conviction on the charge would have likely resulted in a sentence of time served or one-day served by his presence in court.

The victim and Gould were brothers while Prosper is a first cousin to both. All three were believed to have been drinking heavily at the time of the fatal assault.