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Trial for accused murderer set over for another year

The trial for Steven Michael Neville — accused of killing one man and trying to kill another 6 1/2 years ago — has been postponed for another full year.

Accused murderer Steven Neville was back in Newfoundland Supreme Court in St. John's today.
Accused murderer Steven Neville was back in Newfoundland Supreme Court in St. John's today.

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The decision was made this morning when the case was called in Newfoundland Supreme Court in St. John's.

Justice Robert Stack granted an application filed by defence lawyer Jeff Brace, who requested the set over for reasons that are banned from publication.

Neville, who was in the courtroom, said he understood that the delay would affect his right to a speedy trial. 

Crown prosecutors Jason House and Patricia Carpenter were opposed to the delay, but Stack felt it was in Neville’s best interest to grant it.

Jury selection for the trial had been set for March 2, with the 10-week trial scheduled to begin four days later.

However, the trial will now begin March 5, 2018. 

Neville will continue to adhere to strict conditions, which were implemented when he was granted bail in April 2016. 

The 26-year-old is accused of stabbing Doug Flynn to death and seriously injuring Ryan Dwyer during a street fight in October 2010 on Carlisle Drive in Paradise.

The 2018 trial will mark the second time Neville will be 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.

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Twitter: TelyCourt

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