Murder trial put over due to ‘legal issues’

Rosie Gillingham and and Josh Pennell
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The trial for accused murderer David Ryan didn’t go ahead as scheduled on Tuesday. Court was only in session for a matter of minutes when it adjourned again with a date of March 13 scheduled for the start of the trial.

David Ryan (left) speaks with his lawyer, Bob Buckingham, in Supreme Court on Tuesday. Ryan’s trial was scheduled to start Tuesday, but was put over to March 13 due to legal issues the defence would not disclose.  — Photo by Josh Pennell/The Telegram

Ryan’s lawyer, Bob Buckingham, spoke with media after court, but he started by saying he couldn’t say much about what was going on. He would only say that the new date was set “as a result of some legal issues that have arisen.”

When pressed further about whether the case would go ahead on March 13, Buckingham said that depends on the outcome of discussions with the Crown surrounding those legal issues.

Buckingham did say those issues were obviously important enough to stop the start of the trial from happening and delay jury selection which was scheduled for Tuesday, as well.

The defence, Crown and the judge were all going to meet in chambers following Tuesday’s short court session.

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

Brace, a 29-year-old man 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 2012, 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 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.

 

 

Organizations: Newfoundland and Labrador Supreme Court

Geographic location: Water Street, Carbonear

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  • Glenn Stockley
    March 05, 2014 - 11:47

    based on my own experience i would have to suggest that Ryan was better represented first time around......

  • W Bagg
    March 05, 2014 - 08:43

    Ryan isn't the only one who can't understand the justice system. Brace was killed in 2005, 9 years ago and we are still waiting for the "trial"