ST. JOHN'S, N.L. — A hearing into whether there is additional evidence for the police to disclose in Colin Way’s extortion and mischief charges was postponed in St. John’s provincial court on Thursday, March 28.
Bob Buckingham, who represents Way in the case, told Judge Lori Marshall that he had been provided that day with some of the additional files he had been seeking from the Crown and was told by counsel for the Royal Newfoundland Constabulary that he would be given copies of the officer’s notes, but was still seeking some alleged video evidence relating to the charges.
Summers said the Crown is taking the position that the records Buckingham is seeking, if they exist, are either in the possession of a third party or are records “that weren't relied on in the investigation but may have obvious relevance.” “As we've gotten records and we've looked at them, we have provided them,” Summers said. “We don't have any other video other than what was disclosed to Mr. Buckingham, so if the questions are pertaining to whether there are others, that would be obviously news to us, and we would hope to resolve whether there was actual video, but, obviously, we cannot produce what we do not have.”
Const. Angela Davison, the investigating officer in the case, was scheduled to be questioned about the alleged videos, but told the court she was under the understanding she would be answering questions relating to other evidence in the case and was not prepared to answer questions outside that scope, since the alleged incidents occurred almost two years ago.