A case against a Chipman man charged with two counts of first-degree murder has been delayed for a third time because of a substantial amount of evidence that has yet to be shared with the defence.
Dates for a preliminary hearing were scheduled to be set on Monday, but defence lawyer Carley Parish said by telephone that she still hadn’t received disclosure of evidence from the Crown.
Mark Elley was arrested in January and charged in the deaths of Robert Waugh, 47, and Victoria King, 23, both of the Fredericton area, whose bodies were discovered in a burnt-out SUV in Chipman in November.
Chipman RCMP responded Nov. 25 at around 8 a.m. to a report of two people inside a burning vehicle off Midland Road, about 60 kilometres northeast of Fredericton.
When officers arrived, they located the bodies of a man and woman inside a white Chevrolet Equinox “that had been consumed by fire.”
After Elley’s arrest in January, Cpl. Hans Ouellette, spokesperson for the New Brunswick RCMP, wouldn’t say whether the accused and victims were known to each other, or whether the accused is known to police, citing the court case and continuing investigation.
He also didn’t say at the time whether the victims were killed by the fire.
On Monday, Crown prosecutor Jennifer Cooper said there is “substantial disclosure” in the case, which takes a lot of time and effort to review.
She said there are 300 documents alone, “not pages but documents.”
Cooper said the disclosure of evidence is “a very serious matter” and it’s important that the vetting be done properly. She said in response to questions by Judge Lyne Raymond that it’s unrealistic that the disclosure would be ready by the end of the week.
Raymond set the matter over until March 24, at which time the Crown is expected to give an indication of when that disclosure will be ready.
The setting of preliminary hearing dates were also delayed on Feb. 10 and Feb. 24, again because the defence didn’t have the disclosure of evidence.
Parish also raised the issue that her client was arrested in January and still hasn’t had a bail hearing.
Elley appeared in court on Monday by telephone and remains in custody.
