Folker murder trial rescheduled for fall 2013

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David Folker is pictured in court in this Telegram file photo.

The trial for accused murderer David Folker has been rescheduled for next fall.

The eight-week trial was originally set to begin in February, but had to be rescheduled when Folker's lawyer, Bob Simmonds, opted to step down as his counsel due to scheduling and financial reasons.

Folker wasn't in Newfoundland Supreme Court when the case was called today during arraignments. He was represented by his new lawyer Jason Edwards. He is co-counsel with Scott Hurley.

Edwards told Justice Wayne Dymond that it wasn't a matter of not being ready sooner. They just didn't want any interruptions in dates once the trial begins. The court's schedule for the fall was open.

Edwards and Crown prosecutors Iain Hollett and Vikas Khaladkar agreed to have the trial start Oct. 7. Jury selection will be Oct. 2.

Pre-trial applications will be argued March 19.

Lawyers will meet for a pre-trial conference in January.

Folker, 41, is accused of murdering his girlfriend Ann Marie Shirran in 2010.

The 32-year-old woman disappeared July 18, 2010, and was reportedly last seen at the Kilbride home she shared with Folker and their young son.

He reported her missing. An extensive search was conducted, but it wasn't until Sept. 2, 2010 that Shirran's body was found by campers in the woods south of Cappahayden on the southern shore.

Folker was one of four accused murderers who had their cases called in arraignments today.

Trevor Pardy had his case set over until Dec. 19 to allow him more time to get a new lawyer. He fired Jeff Brace, his first lawyer.

Philip Pynn and Lyndon Butler were also in court. Pynn, with his lawyer Mark Gruchy, while Jeff Brace is Butler's lawyer.

Brace told the judge there are several issues left to deal with before they can set a date for a trial.

Their cases will be back in court Feb. 1.

Pardy and Pynn are in custody, while Butler is out on bail. 

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Recent comments

  • Dee
    December 03, 2012 - 21:19

    I agree why even waste people's time,the accused walk free,while the victim,s family pay the price,what a joke our court system is.

  • Harvey
    December 03, 2012 - 18:11

    Our justice system is bloody rediculous !!!

  • Happily Retired
    December 03, 2012 - 15:31

    Here we go again. The common denominator with all of these criminal trial delays seems to be that defense lawyers are finding ways to delay the trials. This is happening so often that it seems to be a strategic move on their part. If accused people think they will be found guilty, it is to their benefit to delay the trial as long as possible. If they are then found guilty, they get credited with twice the amount of time which they have actually served, thus getting out earlier than they should. The judges, however, seem to be oblivious to this ploy, and continue to let it happen.

  • dna
    December 03, 2012 - 13:55

    You think this is slow? Have you paid attention to some recent drug cases that have taken 4, 5, 6 and 7 years! This country needs a statute of limitations to force the system to actually provide the right to a speedy trial. This right is not just to protect the accused as it is perceived, it is to ensure justice is done for any victims and to ensure public safety and confidence in the system, This whole inherent time requirements excuse has got to go. If it takes 3 years to get a law degree and only one more to prepare for the bar, how does it take 5 to conclude one case?

  • Velma
    December 03, 2012 - 13:44

    You have to ask yourself. do we have a JUSTICE system or LEGAL system here in Newfoundland and Labrador. The answer is very clear. . . . .LEGAL system.

  • willy
    December 03, 2012 - 10:15

    When is our court system going to get their act together ??? All you see is delay after delay after delay. There has to be a better system to ensure speedy justice !!!!

  • Jerome
    December 03, 2012 - 10:09

    From the Telegram Sept. 7/2010 St. John’s lawyers Bill Collins and Mike King are defending Folker. David Folker, charged with the second-degree murder of his girlfriend Ann Marie Shirran, is escorted into court this morning in St. John’s. — Photo by Gary Hebbard/The Telegram Collins told Judge Greg Brown they needed time to review the case and asked that it be set over. Time to review the case? Come next October, it will have been over three years since this young mother was brutally murdered. I know the wheels of justice grind slowly, but this is ridiculous.

  • Anna
    December 03, 2012 - 10:07

    Why even bother with a trial, with our Justice system today, he will be either out in a couple of months, appeal the verdict, or case thrown out for lack of evidence.