Man found guilty in Emyvale robbery appeals verdict

Ryan Ross
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Scales of justice

An Island man who was found guilty of robbing and beating a convicted drug dealer is appealing that decision and hoping to introduce new evidence in the case.

Derry Ian Bird, 22, was found guilty earlier this month for his role in the 2012 robbery of convicted drug deal Dean Fairhurst in Emyvale.

CLICK HERE FOR A TIMELINE OF EVENTS FROM THE EMYVALE ROBBERY

Bird is appealing the decision on several grounds including that Justice Gordon Campbell, who heard the trial, didn't properly assess the credibility of the witnesses.

Campbell found witnesses who testified on Bird's behalf weren't credible, but found the opposite was true of the Crown witnesses.

During the trial Crown attorney Cindy Wedge called rebuttal witnesses after both sides had closed their cases, which she said was necessary to deal with evidence that wasn't relevant until it came up in court.

Bird claims that evidence was illegal and Campbell erred in allowing it.

He is also appealing on the grounds that Campbell failed to see the "obvious" reasonable doubt.

Bird plans to seek leave to introduce new evidence in the case.

Although he hasn't been sentenced for the robbery, Bird is already serving a 3 ½ year sentence for several unrelated charges including drug trafficking and the address listed on the appeal was Dorchester Penitentiary in New Brunswick.

He is scheduled to appear in court again on March 28 for sentencing.

rross@theguardian.pe.ca

twitter.com/ryanrross

Geographic location: Iceland, New Brunswick.He

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Recent comments

  • Bring It On
    March 01, 2014 - 06:11

    Go ahead.....Maybe the judge will see fit to send you and your arrogant parents (purgery) away for a long long time. Islanders are FED UP with garbage like you.

  • I pay Tax
    February 28, 2014 - 23:02

    Wow maybe his parents should pay for all of this instead of us tax paying people. Disgusting. He needs 10 yrs. selling coke and pills to our children is a disgrace. Step up courts make a example of Jason Yeo's pigeons. His parents should have been charged for purgery

  • Jeff
    February 28, 2014 - 18:22

    What a waste of time & tax payers dollars.