Stick-up suspect denies robbery, other charges
Kyle Joseph McKay, 39, of Lower Kingsclear, laments ongoing detention in face of allegation he held up Hanwell convenience store with a screwdriver earlier this year
A Lower Kingsclear man who denied robbery and other criminal counts Monday continued to complain to a judge about being remanded pending the outcome of his criminal case.
Kyle Joseph McKay, 39, of Route 102, elected Monday to be tried in provincial court and pleaded not guilty to counts of robbery, possession of a weapon (a screwdriver) for the purpose of committing an offence and face-masking during an offence.
The charges stem from an alleged robbery at Scholten’s Convenience in Hanwell on April 22.
Crown prosecutor Rodney Jordan estimated the trial would take about a day and a half of court time.
A recently instituted policy in Fredericton provincial court calls for judges to hold case-management conferences ahead of any trials expected to go beyond a half day.
Judge Cameron Gunn scheduled the conference in McKay’s case for Aug. 24.
He said a trial date would be set at that case-management conference.
McKay, now represented by Fredericton defence lawyer T.J. Burke, appeared in court Monday by telephone from the Saint John Regional Correctional Centre.
He insisted a trial date be scheduled as quickly as possible.
“I’ve been in custody for 115 days as of today,” McKay said.
His preference would have been a judge and jury trial in the Court of King’s Bench, he said, but he was told it would take much longer to take his case to trial in that manner at the higher level of court.
Given the extra delay that would entail, he said, he opted for a trial in provincial court, without a jury.
McKay’s case stalled for a couple of months after he and his previous defence counsel, Hampton lawyer David Lutz, parted ways.
Lutz asked to be removed from the record during a court proceeding two months ago. What caused the rift between McKay and Lutz was never detailed in court.
Burke noted Monday his firm recently accepted a certificate from the New Brunswick Legal Aid Services Commission to represent McKay.
During that June appearance, McKay also complained about his detention on the charges and pleaded with Judge Scott Brittain at that time to release him from custody, despite the fact that he’d already been denied release after a bail hearing.
“I’m losing everything in my life,” McKay told court June 2.
Don MacPherson can be contacted at ftonindependent@gmail.com.
I believe the statement " if you can't do the time, don't do the crime" may be relevant.