The man accused of killing Tammy Boratynec of Saint John five years ago tried to expedite the legal process Monday by waiving his right to a preliminary inquiry, but the judge denied his request for now.
Mark Andrew Carty, also of Saint John, was arrested and charged last week with second-degree murder in the death of Boratynec, 43, whose body was found in an east-side backyard on July 17, 2016.
The 57-year-old appeared before provincial court Judge Marco Cloutier in Saint John over video conference Monday. Wearing an orange sweatshirt and blue medical mask, he said little in response to the judge's questions.
On his behalf, duty counsel James McConnell told the court Carty wanted to have the matter go to the higher Court of Queen's Bench "basically as soon as possible," waiving his right to a preliminary inquiry.
In a preliminary inquiry, a judge reviews the evidence and determines whether it's enough to proceed to trial.
Cloutier told Carty that because second-degree murder is serious, and he still hasn't applied for legal aid, he should "sleep on it," before skipping that process.
"You should think about it overnight and you should speak with a lawyer," Cloutier said.
Cloutier set a date for the preliminary inquiry on July 23 at 1:30 p.m. Cloutier ordered that Carty appear in person so he can speak to his lawyer face-to-face. He encouraged Carty to apply for legal aid.
He also noted Carty is able to make a bail application at any time, but it will have to be heard by a Court of Queen's Bench judge, not in provincial court.
Boratynec's body was found in the backyard of a home on Melrose Street. She was spotted by a tenant returning home from work at about 6:25 a.m.
Police were called, and she was transported to the Saint John Regional Hospital, where she was pronounced dead.
Her death was confirmed as a homicide two days later, but police had no update on the investigation until last week.
On Friday, Saint John police said they had made an arrest but did not name Carty.
According to her obituary, Boratynec left behind a daughter, son and granddaughter. The obituary says she loved the outdoors, was an Edmonton Oilers fan, and "marched to the beat of her own drum."