Published on September 08, 2010
David Folker (right) is led into court in St. John's Tuesday morning. The 39-year-old was arrested in connection with the death of Ann Marie Shirran, whose body was found last Thursday near the community of Cappahayden.
Gary Hebbard/The Telegram
Published on April 29, 2009
St. John's lawyer Bill Collins. Photo by Barb Sweet/The Telegram
‘We believe in him,’ Bill Collins says
The lawyer of the man accused of killing Ann Marie Shirran is upset David Folker is still at the St. John’s lockup four days after he was arrested, and not at the penitentiary.
“We just want to get him out of there,” Bill Collins told The Telegram Wednesday.
“He’s been down there since the weekend, and you know what it’s like there on weekends — people drunk and vomiting. It’s not the right place for him to be.”
Collins said Folker should be at Her Majesty’s Penitentiary (HMP), where he is better able to meet with his defence counsel.
“We need to sit down and talk with him,” Collins said.
“At the lockup, there’s one little room, a phone, a desk and a chair.
“We need to meet in a private space to have more meaningful discussions.”
Collins said he’s so upset about the situation, he wrote a letter of complaint to HMP administrators.
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“I have not seen a situation in which someone charged with murder hasn’t been taken to the Pen right away,” he said.
“Maybe their procedure has changed or maybe it’s too crowded down there, but we’re very concerned about this.”
When contacted by The Telegram, provincial Department of Justice spokeswoman Jennifer Tulk said, “We can’t speak to Mr. Folker’s particular situation, but the department and corrections try to move people out (of the lockup) as quickly as possible.
“But it depends on the space available.”
Folker, 39, appeared in provincial court Tuesday and was charged with second-degree murder and performing an indignity to a human body.
Shirran’s remains were discovered Sept. 2 by campers in Cappahayden.
A few days later, police confirmed it was Shirran.
The 32-year-old had been missing since July 18, when she was allegedly last seen at the Kilbride home she shared with Folker — her boyfriend and the father of their one-year-old child.
“We just want to get him out of there. He’s been down there since the weekend, and you know what it’s like there on weekends — people drunk and vomiting. It’s not the right place for him to be.” Lawyer Bill Collins
He was the first to report her missing to police.
Shirran’s disappearance prompted an extensive search by police, who later focused on the Blackhead Road area. Police later said officers discovered something of interest in the area, but would not elaborate.
When asked how his client is handling all the public scrutiny, Collins said, “What we say to each other when we talk is the fact that we’re the only ones, together with the police, who have an idea, who know what went on.
“We believe in him.
“My advice to the public is to not form any opinion about him until all the facts come out.”