CANADA - Defence lawyer in Mersereau murder case pressing for hearings with co-accused

OFF THE WIRE

TRURO - The lawyer for one of the accused in the Randy Mersereau murder investigation wants to question other co-accused before agreeing to a trial date.
“I can advise there is certainly no consent to committal (to stand trial),” Al Bégin, defence lawyer for Leslie Greenwood, said in provincial court in Truro on Tuesday, during what was supposed to be a pre-trail focus hearing.
Greenwood, 41, formerly of East Mountain, is charged with being an accessory after the fact in the death of outlaw biker Randy Mersereau, whose skeletal remains were discovered in early December in a wooded area of North River during an extensive police search.

Mersereau went missing in October 1999 after a bomb exploded the previous month in a used car dealership in Bible Hill, which was believed to have been an attempt on his life.
Police allege that Hells Angel Jeff Lynds, who is in a Montreal jail facing separate double homicide charges, murdered Mersereau and that Greenwood is an accessory because he knew of the murder and helped Lynds escape custody.
Greenwood is further charged with the attempted murder of Mersereau because of the bombing incident and with first-degree murder in the deaths of Barry Kirk Mersereau (Randy’s brother) and his common-law wife Nancy Christensen.
Other co-accused in the case include Jeff Lynds’s nephew Curtis Lynds of North River, Gerald MacCabe of Salmon River, Dean Whynott of Truro and Michael John Lawrence of Hants County.
Despite the fact police have named Jeff Lynds as Mersereau’s killer he has not been charged with that crime.
Bégin said that before agreeing to have Greenwood committed to stand trial, he wants to be able to question everyone involved.
“My wish is to bring in the individuals that I want to be here,” he said in court. “There is difficulty because they are all accused or co-accused.”
Instead of continuing with the focus hearing Judge Richard MacKinnon suggested the court be closed to the public so the Crown and defence could discuss their positions without publicly disclosing information that might hamper a trial.
“I don’t particularly see the need to be in camera,” Bégin responded. “I can give a list of the five individuals I want to hear. I suspect that will be problematic because as I indicated I think all but one for sure have charges against them, so I am not so sure how it is going to transpire. So I’ll leave it with the court to decide, do you want my list of five names now or do you want them in-camera?”
During the discussion, Crown Attorney Shauna MacDonald opposed Bégin’s position that not enough disclosure information had been provided for him to proceed.
“I respectfully disagree with that position,” she said. “We do have wiretap recordings outstanding. Other than that, substantial disclosure has been made on the matter.”

Following the private court session, however, Bégin maintained his initial position.

“(We’re) not consenting to committal so they are going to have to prove everything, that there is enough evidence to go forward, to go to trial,” he told the Truro Daily News. “We’re not agreeing to that (the Crown’s position). They have got to meet a certain threshold and we’re going to put them to it….

“I also said in open court, that there is a list of witnesses I want that appear to be co-accused, that I am not sure how they are going to get them on the stand. You want to know who is going to say what, when. Let’s get people to come forward and say what they do or don’t know, in court,” Bégin said.

“There’s a body but we don’t know – was he killed? How was he was killed? Was it suicide? We don’t know. And who was involved with it and what happened? He’s not charged with the murder he’s charged with accessory after the fact.”
Greenwood is scheduled to return to court June 16 for the focus hearing in the Randy Merserseau case. The case involving Barry Mersereau and Nancy Christensen is being tried in Windsor.
Two other co-accused in the case also made brief appearances Tuesday.
MacCabe, 44, is to return May 19 for election and plea and to set a preliminary hearing date.
Whynott, 45, is to appear June 16 to set a preliminary hearing date.

http://www.trurodaily.com/News/Local/2011-04-26/article-2456088/Defence-lawyer-in-Mersereau-murder-case-pressing-for-hearings-with-coaccused/1