Federal prisoner refuses to attend court
Stephen Perley Jr., 26, of Perth-Andover, faces drug-trafficking and firearm charges in Fredericton dating back two years
A Perth-Andover man facing drug-trafficking charges alleged to have occurred in Fredericton two years ago was a no-show for court Friday, but authorities knew exactly where he was: a prison cell.
Stephen Perley Jr., 26, of Main Street in Perth-Andover, was scheduled to elect mode of trial in Fredericton provincial court Friday on counts of possessing cocaine and methamphetamine for the purpose of trafficking.
He was also set for election and pleas for related counts of possession of a prohibited firearm (a handgun), possession of a loaded prohibited handgun without a licence and possession of a prohibited firearm knowing that he wasn’t the holder of a licence.
Those charges all allege offences in Fredericton on June 14, 2021.
Defence lawyer Steve McNair appeared to represent Perley, and the defendant was supposed to appear by telephone from the Springhill Institution in Nova Scotia, where he’s serving a federal prison term.
However, Judge Scott Brittain noted there was a problem: prison officials informed court staff that Perley was refusing to come out of his cell for his telephone court appearance.
“This comes as a surprise to me,” said McNair, noting he’d spoken with his client recently.
The defence lawyer said he had instructions from Perley on how to proceed, but unfortunately, unless the defence files a document known as a designation of counsel - which allows a lawyer to appear for some proceedings without the client being present - the matter can’t proceed in his absence.
Brittain suggested to avoid the issue in future appearances on the case, the defence might want to get Perley to sign a designation to file with the court.
McNair said given his client’s location out of province, it might be a challenge, but he’d see what he could do.
Crown prosecutor Darlene Blunston said despite Perley’s incarceration, an arrest warrant ought to be issued to preserve the court’s jurisdiction over the case, but it could be held in the file.
The judge agreed and issued that warrant.
Brittain adjourned the case to June 20.
Perley is serving a prison term stemming from widely reported incidents two years ago involving firearms discharges on two occasions.
“On June 11, 2021, around 7:05 p.m., members of the West District RCMP responded to a complaint in Medford, north of Tobique Narrows. Police received information that a man had pointed a firearm towards at least one person, and had discharged the firearm in the presence of several people, including a young child,” the RCMP reported in a news release at the time.
The suspect - later identified as Perley - fled the scene on that date in the direction of Perth-Andover, the release said, but police encountered him about an hour later.
“Around 8:05 p.m., police attempted to stop the suspect vehicle on Route 105 in Tobique Narrows. A firearm was discharged at police, and a police vehicle was struck by bullets,” it said. “The vehicle fled the scene on a nearby road in a wooded area.”
The incidents prompted the RCMP to issue an Alert Ready message advising the public that police were searching for an individual reported to be armed and dangerous.
Perley was arrested three days later and charged with various offences, including discharge of a firearm while being reckless as to the safety of another person, flight from police and possession of a firearm while prohibited.
Don MacPherson can be contacted at ftonindependent@gmail.com.