A Corner Brook judge has ruled that certain evidence Andre Lecuyer was hoping to have excluded from his upcoming trial will be admissible.
Justice George Murphy made the decision in the Supreme Court of Newfoundland and Labrador Friday morning.
Lecuyer, who now lives in Halifax, lived in Massey Drive when he allegedly broke into a man’s home on Humber Road in Corner Brook and tied him up with plastic cable ties in January 2014. He was charged with unlawful confinement, armed robbery, having his face masked with the intent to commit an indictable offence and break and entry.
The charges against him were dismissed in June 2016 when Justice Brian Furey sided with Lecuyer’s argument that his Charter rights had been violated and that certain evidence should be excluded from trial.
The Crown subsequently successfully appealed Furey’s decision and a new trial was ordered.
Lecuyer’s trial is set for April 1-5, but defence counsel Jim Goudie filed another pre-trial application to have evidence ruled inadmissible, which is the one Murphy decided on Friday.
A co-accused in the case, Kirby Spence, also had charges against him dismissed last year after another judge, Justice David Hurley, ruled Spence’s Charter rights had been breached and ordered certain evidence excluded from his trial.