Jail-beating trials delayed by pandemic

Two Nova Scotia Supreme Court trials for 15 men charged in the beating of an inmate at the Dartmouth jail in December 2019 won’t be going ahead this month because of the COVID-19 pandemic.

The first trial was scheduled to begin next week in a ballroom at the Nova Centre in downtown Halifax and the second trial May 20.

Justice Jamie Campbell postponed the trials Friday during a teleconference hearing with Crown counsel, 14 defence lawyers and defendant Kaz Cox, who is representing himself.

“I think we’re all of the same view that it would not be responsible in these circumstances to go ahead,” Justice Campbell said in delaying the trials.

“It wouldn’t be safe. We’re dealing with the most serious pandemic situation we’ve seen in this province yet.”

Campbell said he hopes to reschedule the hearings as soon as possible.

“It’s my concern that we have individuals who are presumed innocent sitting on remand, waiting for this to happen, and I don’t want it to be longer than absolutely necessary,” he said.

“I’m having some discussions with the associate chief justice about trying to clear up my schedule so that we’d be able to do this as soon as possible."

The judge asked everyone to take part in another teleconference May 19.

“Between now and then,

I will have some discussions about finding some blocks of time that I could put forward for you,” Campbell said.

“I think we all recognize that when we have this many lawyers involved, it’s a problem trying to schedule. I’m hoping people can be co-operative in trying to work your own schedules so we can get this massive undertaking done ... sooner rather than later.”

Campbell came close to pulling the plug on the trials during a hearing Wednesday, saying “it would be very imprudent and ... a grave concern to everyone if we were to proceed.” But he gave lawyers and justice officials two more days to explore the option of having the defendants appear for trial by video from various correctional facilities.

Then came word that two cases of COVID-19 had been detected at the Central Nova Scotia Correctional Facility. Any of the accused who are in custody there would not be able to gather in a room to watch the trial by video.

Some of the accused are being held at other facilities, including the Cape Breton Correctional Facility, the Springhill Institution and the Atlantic Institution in Renous, N.B.

Crown attorney Rick Woodburn said Friday that efforts to have the accused appear by video had hit “a brick wall.”

An inmate named Stephen Anderson was attacked Dec. 2, 2019.

Some inmates went into Anderson’s cell to carry out the assault while others formed a wall to keep correctional officers away. Anderson was seriously injured but recovered.

All 15 men are charged with attempted murder, conspiracy to commit murder, forcible confinement, aggravated assault, assault with a weapon and obstructing correctional officers. One man is also charged with assaulting a guard.

In addition to Cox, the accused are Austin Michael Mitton, Andriko Jamal Crawley, Colin Eric Ladelpha, Kirk Kenman Carridice, Matthew Francis Coaker, Geevan Nagendran, Brian James (B.J.) Marriott, Kevin Edward Clarke-mcneil, Sophon Sek, Jacob Matthew Lilly, Wesley Todd Hardiman, Omar Orlando Mcintosh, Matthew Ross Lambert and Robert Victor Fraser.