Shane White wants preliminary inquiry
CORNER BROOK, N.L. — Shane Roderick White waived his right to a preliminary inquiry during an appearance in provincial court in Corner Brook in April.
At the time, the 33-year-old from Humber Arm South elected to be tried by judge alone in the Supreme Court of Newfoundland and Labrador and his matters were sent to the higher court.
But now he’s decided he wants to have a preliminary inquiry and has applied to the Supreme Court to make that possible.
He appeared on June 3 to have a date set to hear his application.
Shane White and his twin brother, Shawn Robert White, are alleged to have committed a home invasion in Benoit’s Cove in March.
They’re charged with aggravated assault, assault with a weapon, robbery and breaking and entering to commit an indictable offence.
Shane White, who is being held in custody, is also charged with two breaches of probation.
His lawyer, Courtney Mills, told the court new disclosure and evidence has come forward since Shane White waived his right to a preliminary inquiry and he wants an opportunity to test that.
The request is unconventional procedurally and Justice George Murphy told Mills she has to show him where the court has the jurisdiction to do it.
Murphy said essentially Mills is seeking to quash the indictment from the provincial court that sent the matter to the Supreme Court and send it back to the provincial court. He said to do that she needs to show good reason to send it back.
A tentative date for Murphy to hear the application, which is being opposed by the Crown, has been set for June 20.
Shawn White’s matters were called in the provincial court on June 4.
Unlike his brother, Shawn White is free on a recognizance, however, he wasn’t present for the appearance.
His lawyer, Trevor Stagg, requested the matter be set over for a short amount of time to give the two time to meet.
Shawn White’s case will be called again on July 2.
Shane White enters Supreme Court of Newfoundland and Labrador in Corner Brook on June 3. White is accused of committing a home invasion with his twin brother, Shawn White, in Benoit’s Cove.