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Lawyer tries to block drunk driving case against MLA Hugh MacKay

The lawyer for Nova Scotia Independent MLA Hugh MacKay is trying to block efforts to prosecute his client for an alleged drunk driving offence.

Lawyer Don Murray is alleging an abuse of process by the Crown and he's asking a Nova Scotia Supreme Court judge to grant a stay of proceedings.

The impaired driving allegations date back to November 2018, but MacKay wasn't charged until February of this year. The MLA for Chester-St. Margaret's had been a member of the Nova Scotia Liberal caucus, but resigned from it in February to sit as an Independent.

Murray appeared in Nova Scotia Supreme Court Thursday morning to request a hearing on his abuse-of-process allegations. That hearing is now set for early in the new year.

To support his allegation, Murray has filed a copy of a transcript from an appearance in Halifax provincial court in March. In the transcript, there appears to be some confusion as to whether the Crown was proceeding summarily or indictably against MacKay.

If the drunk driving charge is treated as a summary offence, the penalties for a guilty finding are less than if the Crown treats it as an indictable offence.

A summary offence conviction could result in a minimum fine of $1,000 whereas an indictable offence could result in a prison term of up to five years.

MacKay has pleaded not guilty to the charge.

Allegations in email

A former member of his riding association's board of directors accused him of driving drunk on Nov. 22, 2018, and weaving along the road before crashing into a light pole.

The allegations were contained in an email sent to the riding association and Liberal caucus staff. The email alleged people decided not to call police on MacKay at the time, in order to preserve his job and that of his constituency office worker.

Last fall, MacKay pleaded guilty to drunk driving in an incident from Oct. 13, 2019. He was fined $2000 and lost his licence for a year. His blood-alcohol level in that incident was more than twice the legal limit.

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