After four years and much legal wrangling only one of the two men charged in a 2014 home invasion in Corner Brook will be going to trial.
Andre Lecuyer was living in Massey Drive when the alleged incident took place on Jan. 31, 2014.
He and Kirby Spence were accused of breaking into a Humber Road home and tying up the man who lived there with plastic cable ties.
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Lecuyer was charged with break and enter, unlawful confinement, being disguised while intending to commit an indictable offence and theft.
The charges were dismissed in June 2016 after Justice Brian Furey of the Supreme Court of Newfoundland and Labrador in Corner Brook ruled that Lecuyer’s Charter rights had been breached and that certain evidence collected in the investigation be excluded at trial.
The Crown was successful in an appeal of that ruling and the charges were remitted to the trial division of the Supreme Court for a new trial.
Lecuyer wasn’t present when the matter was called in January and it was uncertain who would represent him. So, Justice George Murphy tentatively set the trial for Dec. 4-7.
Lecuyer, who is now living in Halifax, was present when his case was called on Monday morning.
He told the Murphy that he had been denied representation by legal aid and was planning to seek private representation.
Murphy told Lecuyer that the court could have earlier trial dates if he wanted it to check.
However, Lecuyer said he was OK with the December dates.
His case has been set for status on May 7.
Spence, who wasn’t present, was also on the docket for Monday’s appearances.
Just moments before Lecuyer’s matters were called, Crown attorney Lori St. Croix asked that the charges against Spence be dismissed.
Spence was charged with break and entry, forcible confinement, theft, being disguised while intending to commit an indictable offence and possession of property obtained by crime.
Spence also filed a Charter application alleging his rights had been violated and that evidence from the investigation should be excluded at trial.
Justice David Hurley ruled in favour of that application in January.
The Crown conducted a review of that decision and St. Croix said it determined there was no likelihood of conviction.
She said the Crown would not be calling any evidence in the matter and asked that the charges be dismissed.
Murphy granted the request.
