Ed Horne’s custody hearing delayed

SEAN McKIBBON

IQALUIT—The hearing into how, where, and if Edward Horne should be kept in custody while charged with 72 sex-related offences has been delayed to allow Nunavut’s justice department an opportunity to respond to Horne’s habeas corpus motion.

Last Thursday, the hearing to address Horne’s complaints that he is being held in unacceptable living conditions at the RCMP cell block went before Justice Mary Hetherington, but was put over because the Nunavut justice department had no lawyers on staff in Iqaluit to represent it.

“The Department of Justice informs me there are no members of that department in town who can cross the bar and represent them,” Horne’s lawyer, James Bryden, told the court.

“He (Horne) is prepared to continue with the present arrangements as long as they are not fatal,” Bryden said.

At the beginning of Horne’s preliminary hearing last week, Bryden filed a motion saying that Horne’s incarceration at the RCMP cells had deprived Horne of sleep, regular exercise, fresh air and a healthy diet.

It had also opened Horne up to threats from other inmates. An affidavit filed by Horne with the motion said he had also experienced verbal and physical abuse while at YCC, and had received death threats at BCC.

While Hetherington said she felt the matter was of some note and needed to be dealt with quickly, she said the Nunavut justice department, which is responsible for corrections in Nunavut, had to be given enough time to respond and noted that the notice of motion had only been given to a secretary in the department.

Heatherington set the next hearing on the motion for Feb. 8.

Debra Robinson, a lawyer for the Crown, told the court that she and colleague Richard Meredith hope that Horne’s preliminary hearing will be finished by Feb. 7.

Safety arrangements had to be stepped up at the courthouse for the preliminary hearling last week after one witness lunged at Horne, overturning a table and sending papers and water glasses flying.

It took three people to wrestle the witness to the ground and subdue the person.

Extra police officers are now in attendance at the court room, and Horne no longer sits near witnesses.