Neville’s family and friends in the courtroom were elated. One friend let out a huge sigh of relief, while the others smiled at each other. Conditions include that he post a $20,000 surety, that he report to RNC and that he adhere to a curfew. He was also ordered to have no contact with a long list of people, including stabbing victim Doug Flynn’s family, Ryan Dwyer and several witnesses from Nevillle’s first trial. Neville’s bail hearing wrapped up last week.
The 25-year-old Neville is believed to have stabbed Flynn to death and seriously injured Dwyer during a street fight in October 2010 on Carlaisle Drive in Paradise.
It’s the second time Neville is defending himself against the charges in court.
In February 2013, following a lengthy trial, a jury found Neville guilty of second-degree murder and attempted murder. He was sentenced to life in prison with no eligibility of applying for parole for 12 years.
However, in November 2015, the Supreme Court of Canada overturned the conviction and sentence and ordered a new trial after the appeal was argued in front of a five-member panel in Ottawa.
The appeal went to the country’s high court as a result of a dissenting decision in Neville’s appeal at the provincial level.
While two out of three judges at the Newfoundland and Labrador Court of Appeal (Gale Welsh and Leo Barry) denied the appeal, the third (Malcolm Rowe) dissented.
The issue that caused the dissent was the trial judge’s response to a jury question.
During the jury’s deliberations, jurors asked Justice Carl Thompson, “We realize that this may be a ridiculous question. We would like to clarify that the legal definition of ‘to kill’ is the same as ‘to murder.’”
Thompson chose not to give an explanation and, instead, told them to review the information he had given them with regards to the charge.
All five Supreme Court of Canada judges agreed Thompson should have answered the question directly.
Neville is due back in court next month to set a trial date.
Neville’s family and friends in the courtroom were elated. One friend let out a huge sigh of relief, while the others smiled at each other. Conditions include that he post a $20,000 surety, that he report to RNC and that he adhere to a curfew. He was also ordered to have no contact with a long list of people, including stabbing victim Doug Flynn’s family, Ryan Dwyer and several witnesses from Nevillle’s first trial. Neville’s bail hearing wrapped up last week.
The 25-year-old Neville is believed to have stabbed Flynn to death and seriously injured Dwyer during a street fight in October 2010 on Carlaisle Drive in Paradise.
It’s the second time Neville is defending himself against the charges in court.
In February 2013, following a lengthy trial, a jury found Neville guilty of second-degree murder and attempted murder. He was sentenced to life in prison with no eligibility of applying for parole for 12 years.
However, in November 2015, the Supreme Court of Canada overturned the conviction and sentence and ordered a new trial after the appeal was argued in front of a five-member panel in Ottawa.
The appeal went to the country’s high court as a result of a dissenting decision in Neville’s appeal at the provincial level.
While two out of three judges at the Newfoundland and Labrador Court of Appeal (Gale Welsh and Leo Barry) denied the appeal, the third (Malcolm Rowe) dissented.
The issue that caused the dissent was the trial judge’s response to a jury question.
During the jury’s deliberations, jurors asked Justice Carl Thompson, “We realize that this may be a ridiculous question. We would like to clarify that the legal definition of ‘to kill’ is the same as ‘to murder.’”
Thompson chose not to give an explanation and, instead, told them to review the information he had given them with regards to the charge.
All five Supreme Court of Canada judges agreed Thompson should have answered the question directly.
Neville is due back in court next month to set a trial date.