Judge needs time to decide whether to throw out boardwalk manslaughter case
A judge will need a few weeks to decide whether to stop or continue with the trial of a Saint John man accused of manslaughter in the death of a man injured on the Market Square boardwalk.
William Ronald Jordan, 20, is accused of fatally injuring retired navy member Anthony Dwyer, 54, during an altercation on July 13, 2018.
James McConnell argued in Saint John court Monday that the case should not proceed to trial, despite an earlier decision that there was enough evidence to do so.
In his application, McConnell said provincial court Judge Andrew LeMesurier acted "in excess of jurisdiction" by sending the case to trial after a preliminary hearing earlier this year.
Court of Queen's Bench Justice Fred Ferguson heard the arguments from McConnell and Crown prosecutor Jeremy Erickson but ordered a publication ban on everything presented in the courtroom.
Ferguson said he will submit his decision before Jordan's next court date on Jan. 6, 2020.
If he decides Jordan will go to trial, Ferguson's reasoning will remain under publication ban until the judge and jury trial is over.
If Ferguson throws out the case, the decision will be under a publication ban for 30 days, the time either side will have to appeal.
Jordan was in court Monday, with about half a dozen supporters present as well.
He was charged after Dwyer struck his head and suffered critical injuries during an altercation on the boardwalk. He was placed on life support and died three days later.
A publication ban was placed on the evidence presented at the preliminary hearing in May.
Jordan has been out on bail, and is required to live with his parents and abide by a curfew.
