Man found guilty of robbery

Derry Bird latest accused to be convicted in Emyvale home invasion in May 2012

Jim Day jday@theguardian.pe.ca
Published on February 14, 2014
Scales of justice

Derry Ian Bird showed no emotion as a judge found him guilty Friday of robbing and beating a convicted drug dealer.

His parents were not so unflappable.

Bird's mother, Angela, buried her face in her hand and wept out loud when P.E.I. Supreme Court Justice Gordon Campbell issued the guilty verdict.

CLICK HERE FOR BACKGROUND ON THE TRIAL

Bird's father, Michael, grumbled his disgust over the judge's decision, leading Derry Bird to look over his shoulder and try to quiet him. Michael Bird then asked, but was denied, permission to address the court.

All three of the Birds took the stand during the trial.

Campbell said before delivering his guilty verdict that none were believable.

Angela and Michael Bird both gave testimony placing their son at their residence at the time of the robbery that took place at approximately 3 a.m. on May 28, 2012.

Campbell says the testimony was neither credible nor reliable, and at times was even contradictory.

Derry Bird, 22, of Charlottetown apparently did not help his case either by choosing to take the stand, which he was not obliged to do. He testified he neither took part in the robbery nor in the planning of the crime.

Campbell says there were several "illogical'' aspects to Derry Bird's testimony about a letter he wrote in which he referenced a robbery. Bird testified that the robbery referred to in the letter was not the robbery in question at Dean Fairhurst's house in Emyvale.

CLICK HERE FOR A TIMELINE OF EVENTS SURROUNDING THE CASE

Campbell says while there were some inconsistencies in the testimony of Crown witnesses, none created any reasonable doubt about the key elements of the case.

The judge says he believes the testimony of Fairhurst, who told the court two men broke into his home, beat him, stole his drugs and tied him up.

Fairhurst, who is serving a seven-year sentence for drug trafficking, testified that he was cooking and smoking crack cocaine at his home in Emyvale when two men in masks broke down his door, held a gun to his head, kicked him repeatedly and ransacked his house.

Campbell says Fairhurst's mother as well as accomplices that have also been convicted for their role in the robbery provided credible testimony that corroborated key aspects in the crime.

He says he found Jennifer Wakelin and Kaylee MacLean to be "credible and sincere'' when they testified that they waited in a car while Bird and Chase Roper committed the armed robbery. Roper, who is Wakelin's boyfriend, was sentenced in June to four years in prison for his role in the robbery.

Bird, who is currently serving a sentence in a federal correctional facility for drug trafficking, will be sentenced March 28.