Crown to file preferred indictment
The Crown has decided to file a preferred indictment to send a Halifax man directly to trial in Nova Scotia Supreme Court on a charge of first-degree murder.
Adam Joseph Drake was arrested last March in connection with the November 2016 shooting death of Tyler Keizer.
Drake, 28, and his lawyers were preparing for a five-day preliminary inquiry in Halifax provincial court in late January, but prosecutor Rick Hartlen announced the Crown’s decision at a focus hearing Monday.
Hartlen told the court the province’s director of public prosecutions has consented to the legal manoeuvre, as required by the Criminal Code.
The Crown has a policy of not giving reasons when it decides to seek a preferred, or direct, indictment.
Judge Elizabeth Buckle ordered Drake to appear in Supreme Court in Halifax on Jan. 2 to begin the process of setting dates for a jury trial.
Buckle then commented on the timing of the Crown’s decision to bypass the preliminary inquiry.
She said it’s the second time in recent memory that the Crown has directed an indictment close to the inquiry dates, preventing her from offering the court time to other accused, including people in custody looking for early trials.
“As everybody already knows, trial time in this courthouse is really precious,” Buckle said. “Right now, I’m scheduling matters (next) September for people who are in custody, so this is unfortunate.”
Hartlen responded by reminding the court and defence lawyer Stan MacDonald that the discretion being exercised by the Crown is guided by policy.
“These matters are often evolving in real time,” Hartlen said. “No one is more aware of the necessity for efficient use of court time than I am, in my respectful submission.”
Keizer, 22, died in hospital after he was shot in a sport utility vehicle in a parking lot at the corner of Falkland and Gottingen streets in Halifax on Nov. 21, 2016, at about 10:45 p.m. A suspect was seen running from the scene.
In March 2017, the homicide was added to the province’s Rewards for Major Unsolved Crimes Program, which offers up to $150,000 for information that leads to a conviction.
Last November, police released a photo of a white Kia Optima that was seen in the area around the time of the shooting and asked anyone with information about the vehicle or its occupants to contact them.
Drake was denied bail by a Supreme Court judge in June. His appeal of that ruling was heard in the Nova Scotia Court of Appeal on Dec. 5, but the panel reserved its decision.