The lawyer representing a man accused of sending multiple inappropriate messages to a teenage girl younger than 16 said he will file a Charter application.
But before any dates are set for a hearing on the application concerning the case of Kevin John Kelly, defence lawyer Mike King said Friday he needs to meet with investigators to discuss a couple of issues.
Kelly, 42, was not in court Friday. He is facing one charge of unlawfully luring a child younger than 16 through the use of a computer. Kelly was a senior editor for the Newfoundland Herald when the charge was first announced. He has since been replaced.
In July, King said investigators destroyed a replica hard drive after completing an analysis of its contents.
He said the defence would typically complete its own independent analysis of the hard drive’s content, but cannot do so in this case given it was destroyed.
“This prevents full and certain defence,” King told the court in July.
Judge David Orr agreed Friday to set over the case until Oct. 16.