Robbery trial evidence so unreliable accused should go free: defence

Ryan Ross
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Derry Ian Bird to learn verdict Feb. 14

Supreme Court of Prince Edward Island

The evidence in a recent robbery trial was so unreliable the judge hearing the case can’t use it to find the accused guilty, says the lawyer who defended him.

Written submissions were recently filed in the case of Derry Ian Bird who was on trial for robbery, wearing a mask while committing the alleged robbery and carrying a weapon while committing an assault.

In his submissions, defence lawyer Brendan Hubley argued there were inconsistencies in some of the testimony with several witnesses contradicting each other.

Bird is accused of taking part in a robbery in Emyvale in May 2012.

CLICK HERE FOR A TIMELINE OF EVENTS SURROUNDING THE CASE

In his submissions, Hubley raised the possibility that a robbery didn’t occur and that the victim, Dean Fairhurst, made up the story.

Fairhurst is a convicted drug dealer who testified he owed money to his supplier and Hubley suggested several possible scenarios, including that the victim might have made up the story to buy himself time.

Hubley said Fairhurst’s testimony wasn’t consistent with other witnesses and some of it defied common sense, such as calling his 65-year-old mother to come to his house when he worried the robbers would return.

In his submissions, Hubley also questioned the credibility of several witnesses who testified about their involvement but whom he argued received lighter sentences in return.

Crown attorney Cindy Wedge argued in her submissions that Fairhurst’s mother corroborated his evidence that there was a robbery.

Wedge wrote that the witnesses who were serving sentences for their roles in the robbery wouldn’t have benefited from implicating Bird in the crime.

While she acknowledged there were inconsistencies in the evidence, Wedge said they shouldn’t cause the judge hearing the case to question that a robbery occurred or that Bird was involved.

Evidence that he was involved was established beyond a reasonable doubt and he should be convicted, Wedge said.

Bird is scheduled to appear in court Feb. 14 to hear Justice Gordon Campbell’s verdict.

 

rross@theguardian.pe.ca

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  • Joe Blow
    January 24, 2014 - 18:57

    Knowing about the people involved in this whole mess...there is no doubt in the world that they committed a robbery! These people are scum!!! They don't deserve to see the light of day. They have caused people hardships, they have enabled peoples addictions, they have done many many illegal things over the years and are just plain rotten people. Convict these pieces of trash and lock them up. Good people in the community shouldn't have to be subjected to their rotten ways of life.