Reasons why banned from publication
Defence lawyer Jeff Brace (right), who represents accused murderer Lyndon Malcolm Butler, chats with fellow defence lawyer Mark Gruchy, who represents Butler’s co-accused Philip Wayne Pynn, during a break in proceedings at provincial court in St. John’s Tuesday. — Photo by Rosie Gillingham/The Telegram
The preliminary inquiry for accused murderers Philip Wayne Pynn and Lyndon Malcolm Butler has been put on hold, but the reasons why can’t be made public.
In an unusual twist of events at provincial court in St. John’s Tuesday, Judge Colin Flynn cleared the courtroom shortly after the case was called to allow discussion with lawyers about the Crown’s request for a postponement.
Senior Crown Frances Knickle was handling the prosecution in lieu of Wendy Zdebiak and Lisa Stead, who were in the courtroom but sat in the public seats.
Pynn’s lawyer Mark Gruchy and Butler’s lawyer Jeff Brace were there, as were Pynn and Butler, who were brought to court from Her Majesty’s Penitentiary.
The big issue was whether or not information regarding the application and the hearing would be banned from publication.
After about 15 minutes waiting outside Courtroom No. 7, reporters and other members of the public were finally allowed inside.
Once proceedings resumed, Flynn then ruled that information about the application, as well as any evidence from the hearing discussing the application, would be banned from the public since it is considered part of the preliminary inquiry process.
The case will be called again March 12. There’s no word yet on when the preliminary inquiry would be rescheduled.
Butler, 21, and Pynn 25, are charged in the shooting death of 20-year-old Nick Winsor at 271 Portugal Cove Rd. in St. John’s July 9, 2011.
They have been jointly charged with second-degree murder and attempted murder, and face other charges, including possession of a dangerous weapon, assault with a weapon and attempted robbery.
Pynn is also charged with pointing a firearm, a breach of probation and two breaches of recognizance.