Supreme Court

Judge:

The Honourable Justice Peter P. Rosinski

Heard:

August 9, September 13 and 14, 2017, in Halifax, Nova Scotia

Written Decision:

October 26, 2017

Subject:

Admissibility of hearsay statements of deceased persons –R. v. Bradshaw, 2017 SCC 35

Summary:

Mr. Melvin is charged with the December 2, 2008 attempted murder of Terry Marriott Junior. Jason Hallett testified that he and Mr. Melvin were together that day, planned, and in the evening, attempted to carry out the murder. Near noon time he and Melvin travelled on foot from the area of Jessy’s Pizza in Spryfield, Nova Scotia. They flagged down Michael Coombs, who drove them a short distance, where they next flagged down Trevor Hanna, who also drove them a short distance, before they continued their lengthy trek to Harrietsfield, where later that day, they armed themselves, and began the 13 km drive to where Terry Marriott Junior was present. Hanna and Coombs both gave verbal statements to police officers in 2011 that they had driven Hallett and Melvin as testified to by Jason Hallett. They died in 2013 and 2016. The Crown says their statements should be admissible for the jury to consider for the truth of their contents, as exceptions to the hearsay rule.

Issues:

(1)         Are either of the statements admissible as exceptions to the hearsay rule?

Result:

Pursuant to the newly articulated principled exception to the hearsay rule in R. v. Bradshaw, 2017 SCC 35, both statements are admissible.