Must be in at­ten­dance

The Western Star - - FRONT PAGE - BY DIANE CROCKER [email protected]­ern­star.com Twit­ter: WS_DianeCrocker

A Cor­ner Brook judge has or­der An­dre Le­cuyer to en­sure he is in court when his trail starts.

By the time An­dre Le­cuyer ap­pears for trial in the Supreme Court of New­found­land and Labrador, five years will have passed since the crimes he’s ac­cused of com­mit­ting oc­curred.

So, it’s un­der­stand­able that the Crown and the court want to get the mat­ters dealt with.

But Le­cuyer will need to be there for that to hap­pen.

Le­cuyer, 38, is now liv­ing in Hal­i­fax, but was a res­i­dent of the Massey Drive on Jan. 31, 2014 when he al­legedly broke into a man’s home on Hum­ber Road in Cor­ner Brook and tied him up with plas­tic ca­ble ties.

He was charged with un­law­ful con­fine­ment, armed rob­bery, hav­ing his face masked with the in­tent to com­mit and in­dictable of­fence and break and en­ter.

Be­fore Le­cuyer went to trial on the charges he filed an ap­pli­ca­tion al­leg­ing breaches of his Char­ter rights and re­quested that cer­tain ev­i­dence be ex­cluded.

A Supreme Court Jus­tice ruled in his favour in June 2016 and dis­missed the charges.

The Crown ap­pealed the Char­ter ap­pli­ca­tion de­ci­sion and last De­cem­ber a panel of jus­tices with the New­found­land and Labrador Court of Ap­peal al­lowed the ap­peal, va­cated the rul­ing and re­mit­ted the mat­ter for a new trial.

Le­cuyer was to ap­pear in the Supreme Court in Cor­ner Brook ear­lier this week on a voir dire on the ex­clu­sion of ev­i­dence

that was to be dealt with be­fore his trial, which is sched­uled for April.

In­stead, his lawyer, Jim Goudie, pre­sented an ap­pli­ca­tion re­quest­ing that Le­cuyer be ex­cused from ap­pear­ing.

Goudie told that court the Le­cuyer, who is now liv­ing in Nova Sco­tia, is en­rolled in a re­ha­bil­i­ta­tion pro­gram through Vet­er­ans Af­fairs that re­quires him to at­tend a va­ri­ety of treat­ment pro­grams. Goudie said it is a rigid plan and Le­cuyer is con­cerned miss­ing any of it could re­sult in a loss of his fund­ing.

Jus­tice Ge­orge Mur­phy de­nied the ap­pli­ca­tion, say­ing for rea­sons of trial fair­ness Le­cuyer should be present.

That still left the court with an­other is­sue as Le­cuyer also has an ap­pli­ca­tion to seek a post­pone­ment of his trial as he also has trial dates set for the April in Nova Sco­tia.

Mur­phy said that Le­cuyer will have to ap­ply to the Nova Sco­tia court to have those dates changed and if that is not al­lowed then he wants proof that Le­cuyer pro­vided all the facts of his mat­ters here to the Nova Sco­tia court.

Mur­phy set the dates for the voir dire for Jan. 28-30 and said his April 1-5 trial dates would stand. Le­cuyer is ex­pected to be present for both.

THE WEST­ERN STAR FILE PHOTO

While An­dre Le­cuyer awaits to stand trial in Cor­ner Brook, he has mat­ters be­fore the courts in Nova Sco­tia.

Newspapers in English

Newspapers from Canada

© PressReader. All rights reserved.