Michael Budden was sitting in the lock-up downstairs when his name was called in provincial court in Corner Brook.
This is no unusual procedure in the legal system. The court clerk normally informs the judge the person is in custody and a call is placed to the sherriff’s officers who escort the individual into the courtroom.
That process began Tuesday morning, but there was some confusion that put a halt to it. Crown attorney John Noseworthy told the court Budden should not be in custody. The sherriff confirmed Budden was in the court’s cells awaiting. Noseworthy was confused.
Judge Kymil Howe asked the sherriff to get Budden’s birthdate. They carried on with another matter and when the sherriff returned, the court learned there was conflicting birthdates — thus the Budden in custody was not the same as the one on the court docket.
A call to lawyer James Goudie, who represents the Budden facing sex-related charges on the docket Tuesday, resulted in the matter being set over for a future court date.
Meanwhile, the Budden in the court cells in Corner Brook, will be transferred back to Her Majesty’s Penitentiary to continue serving the sentence he is in custody for.
No reason for the mix up could be obtained at the courthouse Tuesday and the Department of Justice could not provide more information as of deadline.