Four days have been tentatively set aside in the Supreme Court of Newfoundland and Labrador in Corner Brook in December for the trial of Andre Lecuyer.
The dates are tentative because there was some uncertainty expressed in the court on Monday on who will be representing Lecuyer at the trial.
Lecuyer is charged with break and entry, unlawful confinement, being disguised while intending to commit an indictable offence and theft in connection with a January 2014 home invasion.
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Lecuyer and another man, Kirby Spence, are alleged to have broken into a Humber Road home and to have tied up the male resident with plastic cable ties.
Legal aid lawyer Derek Hogan appeared via teleconference from St. John’s. If Lecuyer, who — was not present for the appearance — is accepted by legal aid Hogan told the court he anticipated becoming his counsel of record.
But Justice George Murphy said until it is known who will represent Lecuyer the court won’t finalize the trial dates.
The matter will be called again on March 10.
This the second time Lecuyer has faced these charges in the Supreme Court.
In June 2016 the charges were dismissed after Justice Brian Furey ruled on a pre-trial application by Lecuyer that his Charter rights had been breached and that certain evidence be excluded at trial.
The Crown appealed that decision and a panel of three judges from the Supreme Court of Newfoundland and Labrador Court of Appeal vacated Furey’s ruling in December and remitted the matter to the trial division for a new trial.
Spence also filed a similar application and earlier this month Justice David Hurley ruled there were violations of his rights and that evidence from the investigation should be excluded from the trial.
The Crown planned to review Hurley’s decision before deciding what it will do next.
Spence’s case will be called again on Feb. 5.
