Defence gets murder trial postponed

A Cole Harbour man's trial on a charge of first-degree murder and two counts of attempted murder, which was to begin in January, has been postponed until late next year at the request of the defence.

The charges against Markel Jason Downey, 24, stem from a triple-shooting home invasion in Cole Harbour in November 2014.

Ashley MacLean Kearse died in July 2018, almost four years after she was paralyzed in the shooting. She was 22.

Downey was originally supposed to stand trial in Nova Scotia Supreme Court last spring, but the hearing had to be adjourned after Patrick MacEwen withdrew as his lawyer because of a conflict of interest.

The jury trial was then rescheduled for five weeks beginning Jan. 6, but Downey's lawyer sought an adjournment this week. Malcolm Jeffcock said he was unable to properly prepare after another murder trial he was on went longer than scheduled, just wrapping up last weekend.

Downey appeared in Supreme Court in Halifax on Thursday by video link from jail to confirm new trial dates.

The hearing is now scheduled to begin Nov. 16, 2020.

A Supreme Court judge found Downey not guilty in February 2017 on 28 charges from the home invasion, including three counts of attempted murder. The Nova Scotia Court of Appeal quashed the acquittal in April 2018 and ordered a new trial.

Downey was arrested on a Canada-wide warrant in May 2018.

Police reopened their investigation after Kearse died. An autopsy was performed and a medical examiner ruled the death a homicide.

Four masked individuals entered a home on Arklow Drive in Cole Harbour on the night of Nov. 30, 2014. One of the intruders shot the three occupants.

The Crown alleges Downey was the gunman. The sole issue at his first trial was the identity of the shooter.

Prosecutors relied on the testimony of MacLean Kearse, who said she recognized Downey's voice from previous contact with him. The only forensic evidence against Downey was a single particle of gunshot residue found on his right hand more than three hours after the incident.

In his decision, the trial judge expressed concerns about the reliability of MacLean Kearse's testimony identifying Downey as the shooter and said the evidence failed to prove the young man's guilt beyond a reasonable doubt.