An error by Fredericton police caused three murder cases to collapse Friday as the Crown stayed charges against five people.
Crown prosecutor Jeremy Erickson sought the stays for charges against Erica Lea Ann Blyth, Joshua John McIsaac, Devon Mark Hill Hood, Matthew David LeBlanc and Travis James Snowsell on Friday during an appearance in Burton court.
Blyth and McIsaac had been charged with first-degree murder, accused of killing Brandon Donelan, 27, of Minto. Donelan’s body was found in a wooded area between Minto and Chipman on March 31, 2022, after being reported missing two months earlier.
Hood and LeBlanc were to be tried separately on first-degree murder charges alleging they killed Donelan.
Snowsell and McIsaac were charged with second-degree murder in the death of Corey Christopher Markey. Markey, 41, was shot in Fredericton’s north side on Dec. 21, 2021, and died eight days later.
WATCH | ‘Utter disbelief’ sister says as murder case ends:
Staying the charges means none of the five will stand trial on the allegations.
Erickson offered no specifics when addressing Justice Richard Petrie beyond saying that the province’s attorney general was exercising its authority to seek a stay.
But defence lawyer Nathan Gorham told the judge that the development was the “result of an insurmountable evidentiary issue” with a police agency involved in one of the murder investigations.
T.J. Burke, left, and Nathan Gorham say they don’t know the specifics of the error that led to charges being stayed against their clients. (Shane Magee/CBC)
Moments after the charges were stayed, ending the cases, the Fredericton Police Force issued a statement about the development.
“The reason for the stay of proceedings is the result of an ‘insurmountable evidentiary issue’ linked directly to an error initiated, discovered and subsequently reported to the Crown by the Fredericton Police Force,” Chief Gary Forward said in the statement.
“Our error has further detrimentally impacted on a similar major crime investigation by a partner agency.”
The nature of the error was not disclosed.
Brandon Donelan’s body was found in the Grand Lake area in April 2022. (RCMP)
Lawyers for the accused told reporters it was an unprecedented development.
Family members of the victims sobbed in court and outside it, with Donelan’s sister expressing disbelief.
“We have no answers,” Jessica Donelan told reporters outside the Burton courthouse. “There’s no transparency, there’s no accountability. It’s just, it is what it is and this is what you have to deal with.”
Review sought
The police chief’s statement said the force takes responsibility for the outcome. The force investigated Markey’s death.
“We cannot begin to gauge or comprehend the profound effect this will have on the victims’ families and those closest to the investigations,” Forward said in the statement.
“It is, however, our obligation to take full responsibility for the issue and apologize for what has led to these stays of proceedings.”
The police force said it would seek an independent review of what unfolded.
Erickson left the courthouse without speaking to reporters.
Sarah Bustard, a spokesperson for the province’s Justice Department, said in an email the Crown’s office had no further comment.
The RCMP, which investigated Donelan’s death, expressed confidence in its investigation.
“The N.B. RCMP respects the decision of Crown prosecutors and expresses sincere condolences to the family of Brandon Donelan who are continuing to seek justice,” RCMP spokesperson Cpl. Hans Ouellette said in an emailed statement.
