A judge has decided to hold off making a decision on whether or not there’s a case against a former local journalist accused of child luring until he hears all the evidence.
Kevin Kelly was back in provincial court in St. John’s Monday to hear the judge’s decision regarding a Charter of Rights application, filed by his lawyer. — Photo by Rosie Gillingham/The Telegram
As a result, Kevin Kelly will go to trial.
“The trial will proceed,” Judge Jim Walsh said. “A stay (of proceedings) is still a possibility, but it would be premature for me to make a decision until all the evidence is in front of me.”
The decision came following a hearing to hear arguments on a Charter of Rights application filed by Kelly’s lawyer, Mike King.
The application concerned Kelly’s ability to present a full defence in light of the alleged destruction of evidence.
King claimed investigators destroyed the replica hard drive of Kelly’s computer before King could get an independent assessment of its contents.
King had requested a stay of proceedings — to have the case cease against his client.
But with the judge deciding to hold off on making a final decision, he and the lawyers agreed to schedule the trial for June 18-19.
Kelly — who is not in custody —has pleaded not guilty to a single count of child luring, which was laid last year after he reportedly tried to lure a teenage girl, who is younger than 16, by means of a computer.
Police say he sent the girl inappropriate messages over a five-week period.
Kelly is a former senior editor with the Newfoundland Herald. He often wrote about the province’s arts and entertainment scene.