Markel Downey's retrial in triple shooting faces delay
A Nova Scotia Supreme Court judge is asking lawyers in the Halifax area to check their calendars in an effort to find time to run a three-week trial for a man accused in a triple shooting.
Justice Josh Arnold is looking for an earlier date for a trial for Markel Jason Downey. Downey, 22, is scheduled to go on trial in October on charges relating to a home invasion in Cole Harbour in November 2014.
It will be Downey's second trial on the charges, which include three counts of attempted murder. He was found not guilty at his original trial, but that acquittal was overturned on appeal.
In court Tuesday, Downey's lawyer, Pat MacEwen, said he has a scheduling conflict and is unable to proceed in October.
The only other 16-day block of time the court could find for the judge-alone trial is in September 2019, more than 11 months later.
Arnold appealed to lawyers in the courtroom to check their own calendars and spread the word among other lawyers in the area. He said if they know of any matters that may be resolved without requiring a trial, thereby freeing up time, they should notify the court.
Arnold voiced concerns about the delay, noting the Supreme Court of Canada ruling that requires trials to be dealt with within 30 months.
Four people were charged in the Nov. 30, 2014, home invasion, which left Ashley MacLean Kearse paralyzed from the waist down and injured two other people. The three youths charged in the attack pleaded guilty and were dealt with in youth court.
Downey appeared Tuesday in court via video link from jail. He confirmed for the court that he wants MacEwen to represent him at the retrial.
But the lawyer said he has to consult with his client to see what their next move should be. MacEwen said if the 2019 dates are the only ones available, he may request a bail hearing for his client.
Downey has been in custody since he was arrested late last month after the Nova Scotia Court of Appeal overturned his February 2017 acquittal and ordered a new trial. He was the subject of a Canada-wide warrant when police couldn't locate him.
