N.B. woman accused of abducting two children
Florenceville-Bristol resident remanded after alleged incident early in January 2024
A woman accused of two counts of parental abduction saw her election of mode of trial put on hold Tuesday after she opted for a jury trial, contrary to what duty counsel had expected.
A 42-year-old woman from Florenceville-Bristol appeared in Fredericton provincial court Tuesday by telephone from the New Brunswick Women’s Correctional Centre in Miramichi.
She was scheduled to elect mode of trial on two criminal counts of violating a custody order.
The charges allege that while having the lawful care of two kids under the age of 14, she took those two children with the intent of depriving another woman of her guardianship of those minors.
The counts allege Jan. 4 events in Beardsley, about two kilometres south of Woodstock.
Crown prosecutor Geoffrey Hutchin asked the court to impose a publication ban on information that would tend to identify the children, and Judge Mary Jane Richards granted the motion.
As such, the Fredericton Independent isn’t naming the defendant or the other woman referred to as a guardian of the children in the charges so as to comply with the court order.
Court heard the defendant, who’s been in custody since her arrest earlier this month, still needed a lawyer.
“She has been approved for legal aid,” said lawyer Edward Derrah.
He noted he’d just been assigned her file, but realized he had a conflict upon reviewing it, so another lawyer would be appointed to represent the accused in short order.
Despite that glitch in the legal-aid process, Derrah said, the defendant was prepared to elect mode of trial, noting she planned to opt for a provincial court trial and to plead not guilty.
But when Judge Mary Jane Richards put the formal election to the accused, she answered, “Judge and jury,” referring to a jury trial in the Court of King’s Bench, a higher level of court.
“That’s not what we discussed, your honour,” Derrah said.
He asked for an adjournment so the defendant can consult with new defence counsel on the issue of mode of trial.
Richards set the case over to Feb. 6 for election of mode of trial once again, and she remanded the accused until that time.
Don MacPherson can be contacted at ftonindependent@gmail.com.