Shane White wants pre­lim­i­nary in­quiry

The Western Star - - CLOSE TO HOME - DIANE CROCKER

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.

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