Crown requests mistrial in kidnapping, extortion case

Philip Pynn, Jeff Aylward and Joe Aylward are accused of holding a 27-year-old man for ransom

The trial of three men charged with kidnapping and extortion got underway in St. John's Tuesday, June 6, and will end just as quickly, if the judge accepts the Crown’s application for a mistrial.

Provincial court Judge James Walsh will hear arguments this week on an application by prosecutor Renée Coates to have a mistrial declared in the case, given information she received from defence counsel as the trial began.

Philip Pynn and brothers Joe Aylward and Jeff Aylward are charged with holding a 27-year-old man for ransom and extortion of the man’s mother on Dec. 6, 2021. Pynn is also facing charges of breaching court orders.

Jeff Aylward’s lawyer, Tony St. George, told the court he had represented one of the Crown’s witnesses not long ago on an unrelated matter that had nothing to do with the accused men in this case.

After the lunch break, Coates said the Crown wouldn’t continue with the trial until Aylward had a different lawyer, since St. George is in a conflict of interest.

“It does impact the knowledge that Mr. St. George has of (the witness),” Coates said.

Walsh asked St. George if it would be possible for another lawyer in his office to cross-examine the witness in his place; St. George said it was likely.

“I’m reluctant to discontinue the trial under this circumstance,” Walsh said to Coates. “When you talk about material knowledge that may impact the Crown’s case, you’ll have to spell all that out for me, because on its face I’m not seeing anything that would necessarily lead to a mistrial.”

The court had heard testimony from four witnesses at that point Tuesday, all Royal Newfoundland Constabulary officers involved in the accuseds’ arrest. A fourth person, Theresa O’grady, had also been charged, but the Crown withdrew those allegations last week.

The victim was also initially arrested and cautioned, the court heard. He was not charged.

The court heard the man’s mother had called 911 shortly before 10:30 p.m. and reported him kidnapped.

“She called into our communication centre alleging she had received a call from Philip Pynn on her son’s cellphone indicating that if $4,000 was not paid, her son would be assaulted,” RNC Sgt. Scott Harris testified.

Harris said he requested a trace on the victim’s phone and directed officers to the area of Wigmore Court in St. John’s as well as to an address in Portugal Cove-st. Philip’s connected to Pynn, based on information received.

Two patrol officers said they had heard over their radio of a possible kidnapping involving Philip Pynn and a black car, and they pulled over a black Ford Taurus registered to Joe Aylward, whom they knew was connected to Pynn, on Old Broad Cove Road in St. Philip’s around 11 p.m.

Five people were in the vehicle, the court heard — Joe Aylward was driving, O’grady was in the front passenger seat, and the victim was in the middle of the back seat with Pynn to his left and Jeff Aylward to his right.

Const. Joshua Faulkner testified he had been directed to arrest all five for kidnapping and extortion.

A search of the vehicle turned up two phones in the centre console and a folding knife on the floor in the back behind the driver’s seat, as well as black leather gloves and a screwdriver in the back, the court heard. A cellphone and $2,000 was seized from Pynn, who indicated at that point he didn’t want to speak with a lawyer.

“He said something along the lines of, ‘You guys do what you gotta do and I’ll see later if I want to speak to a lawyer,’” Const. Patrick Griffiths testified.

Defence lawyer Mark Gruchy, who is representing Pynn, cross-examined Harris, asking him if he had participated in interviewing the victim. Harris said no.

“Were you aware he was cautioned for extortion himself?” Gruchy asked. “No,” Harris replied. Before court adjourned, the judge notified counsel there had been a recording equipment malfunction during testimony earlier in the day, and as a result the audio of most of the testimony had not been captured. He suggested the lawyers could develop an agreed statement of facts based on the evidence presented, otherwise the witnesses would have to be called back to testify again.