ST. JOHN'S, N.L. — Leo Crockwell was scheduled to go to trial in St. John’s Monday, Oct. 24, but it was postponed so the court can deal with other issues.
First on that list: bail.
Crockwell, who has been in custody since he was charged with assaulting a peace officer, assault with a weapon and resisting arrest in Witless Bay in mid-July, is seeking release pending trial. His application will be heard in provincial court Tuesday.
After that, the court will set a date to hear arguments from Crown and defence counsel on Crockwell’s application to have certain evidence excluded from trial due to an alleged breach of his protected rights.
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Crockwell, 67, sat quietly in the courtroom Monday as his lawyer, Catherine Boyde, and prosecutor Scott Hurley updated Judge Mike Madden on the situation.
Crockwell had previously not been represented by a lawyer and refused to attend a bail hearing or participate in a psychiatric assessment. He was deemed fit to stand trial and not guilty pleas were entered on his behalf.
In August, the Crown applied for an amicus curiae — an impartial lawyer to provide information and advice on issues of law — to assist at Crockwell’s trial. Typically an amicus curiae is appointed in cases where an accused is self-representing, but the appointment can be made even if an accused has a lawyer.
Crockwell opposed the application, telling the court an amicus curiae wouldn’t be needed because he was not planning on self-representing, but hadn’t been given the opportunity to contact a lawyer by phone from prison.
Crockwell made national headlines in 2010 when he slipped past the RCMP during an eight-day standoff at his mother’s home in Bay Bulls.
He faced a number of firearms charges after his arrest, and in June 2012 was convicted and subsequently sentenced to four years in prison, minus time spent in remand.
The prior arrest warrant he referenced in court Monday was one issued in March 2016 after he failed to show up in court on a charge of breaching a probation order. Crockwell maintains he didn’t go to court because he wasn’t on probation, since the Criminal Code of Canada indicates a judge cannot impose a probation order where the sentence is more than two years long. The Department of Justice stood by the validity of the arrest warrant, but it was eventually withdrawn.
