A ruling last week in the Supreme Court of Newfoundland and Labrador Court of Appeal means a man charged in a 2014 home invasion in Corner Brook will be tried on those charges.
Andre Lecuyer was charged with unlawful confinement, armed robbery, having his face masked with intent to commit an indictable offence and break and entry after allegedly breaking into a Humber Road home and tying up a male resident with plastic cable ties Jan. 31, 2014.
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After being committed to stand trial on the charges Lecuyer filed a pre-trial application alleging breaches of his Charter rights and requested that certain evidence be excluded.
In June 2016 Justice Brian Furey of the Supreme Court of Newfoundland and Labrador in Corner Brook found that Lecuyer’s Section 8 and 9 Charter rights had been breached and ordered the evidence excluded.
That led to the Crown calling no evidence at the trial and Furey — at Lecuyer’s request for a directed verdict — dismissed all the charges.
The Crown appealed the Charter application decision on the basis there was insufficient evidence upon which the trial judge could find the breaches and also that he failed to analyze and decide the issues according to law.
Lecuyer agreed the appeal should be allowed and it was heard on Dec. 8 with an oral decision given that day.
The written memorandum of disposition states that after considering the record and the written and oral submissions of Crown and defence counsel, the panel of three judges agreed to allow the appeal on the basis the trial judge’s rulings on the Charter breaches are without foundation in fact and law.
The panel vacated Furey’s ruling and remitted the matter to the trial division for a new trial.
Lecuyer’s co-accused in the home invasion, Kirby Spence, also filed a similar application and is awaiting a decision by Justice David Hurley on the matter.
Hurley had previously said he wanted to wait for the appeal decision before rendering his, but in November agreed to go ahead with the process.
He’s scheduled to give his decision on Spence’s application Jan. 4.
No date has been set for when Lecuyer’s case will be called again.
