UPDATE: Murder trial postponed to March 13

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The trial for accused murderer David Ryan has been postponed until March. 13.

The judge and lawyers convened in a St. John's court room for only a matter of minutes this morning.

There were no details of reasons given for the postponed.

Bob Buckingham told The Telegram earlier that there are legal issues that have to be addressed first before proceeding with the trial.

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(Earlier story March 3, 2014)

David Ryan murder trial to be set over, lawyer says

By Rosie Gillingham

The trial for accused murderer David Ryan won't be going ahead as scheduled Tuesday, according to his lawyer.

Bob Buckingham told The Telegram today that there are legal issues that have to be addressed first before proceeding.

"I can't say anymore at this time," Buckingham said, "but we'll be having discussions with the Crown."

He said the trial will be rescheduled to start March 13.

Ryan is being retried for the 2005 murder of Richard Brace.

The 29-year-old from Green’s Harbour was found badly beaten at a house on Water Street in Carbonear July 1, 2005. He was declared brain dead and died of a hemorrhage three days later.

Ryan had been found guilty after he represented himself at his first trial in May 2007 and was sentenced to life in jail without the possibility of parole for 16 years.

However, in February of last year, the Newfoundland and Labrador Supreme Court of Appeal overturned the conviction and ordered a new trial. In making its decision, the appeals panel pointed out that Ryan, a man with limited education, could not fully understand the legalities of the trial and, thus, was unable to conduct a proper defence.

Ryan, who had been in jail since 2005, was released on bail in March 2012 after the appeal court decision.

His second trial is scheduled for four weeks.

Buckingham, whose co-counsel is John Brooks, said there are more than 40 witnesses expected to take the stand at the trial, the majority of which are for the Crown.

Vikas Khaladkar and Mike Murray are handling the prosecution.

Two other people were already sentenced for their involvement in Brace's murder.

Ashley Wheadon — who instigated the fatal beating — had originally been charged with second-degree murder, but pleaded guilty to the lesser charge of manslaughter. She was given a two-year conditional sentence, meaning her term was served in the community.

A teenaged male, who was said to have helped Ryan attack Brace, was given a three-year youth sentence.

Their trials revealed that the killing was the chilling climax to a three-week drinking binge.

Ryan and the youth are alleged to have punched and kicked Brace repeatedly as a result of jealousy involving Wheadon, Brace's girlfriend.

She was upset with Brace over accusations of infidelity and encouraged the attack, inciting the men to keep punching Brace.

Brace was found lying in a bedroom by an acquaintance of the group, who had gone to the house the morning after the beating.

rgillingham@thetelegram.com

Twitter: TelyCourt

 

 

Organizations: Newfoundland and Labrador Supreme Court

Geographic location: Green, Water Street, Carbonear

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Recent comments

  • Dee
    March 04, 2014 - 09:06

    Everyone are so right another one who knows how to play the system.

  • Glenn Stockley
    March 03, 2014 - 15:35

    Another farce in th NL justice?system?,,,,Mr. Ryan exercised his rights under the Charter of Rights to represent himself and was convicted. I attended this trial and the judge had to continuously instruct him has to how to conduct his defence and repeatedly reminded him of his right to be represented by a lawyer. Mr. Gekko is 100% correct with regard to the gender bias regarding Ms. Wheadon's sentence,

  • Gekko
    March 03, 2014 - 14:31

    It's very unlikely that Ashley Wheadon would have been given a "conditional sentence" had she been a man. A young man convicted of instigating a murder would have been thrown to the system never to walk free again, Wheadon just had to turn on the waterworks and cry abuse and she got house arrest. What a farce.