Dean Daniel Kelsie, 45, was found guilty of first-degree
murder and conspiracy to commit murder in the Oct. 3, 2000, shooting death of
Sean Simmons in the lobby of an apartment building in north-end Dartmouth.
But last December, his convictions were overturned by the
Nova Scotia Court of Appeal and a new trial ordered.
On Thursday morning, Kelsie was brought into Nova Scotia
Supreme Court to provide an update on his status. He told the judge his case
has stalled because the Crown is still considering whether to appeal the Court
of Appeal ruling to the Supreme Court of Canada.
"I think it's going to be pursued," Crown
prosecutor Peter Craig said in reference to a possible appeal. "The
ultimate decision hasn't yet been made."
Kelsie said until the Crown makes a decision on appeal,
"My situation is stagnant."
"Three judges already quashed my sentence after 18
years in prison," Kelsie said, referring to the three-member Court of
Appeal panel who ruled in December. Kelsie has been in custody since his arrest
in 2001.
At Kelsie's first trial in 2003, the jury heard that Simmons
was shot to death because he'd allegedly had an affair with a Hells Angel.
Kelsie was accused of pulling the trigger.
Two other men, Neil William Smith and Wayne Alexander James,
are both serving life sentences for their roles in Simmons's killing. A fourth
man, Steven Gareau, was set free last month after a judge ended the prosecution
against him.
Gareau had been twice found guilty of first-degree murder,
but both convictions were overturned on appeal. Last month, Justice Campbell
ruled that it would be unfair to subject Gareau to a third trial.
On Thursday, Kelsie told Justice Glen McDougall that Toronto
lawyer Philip Campbell has agreed to represent him in his new trial, but that
Campbell was unable to appear with him on this occasion.
Without Campbell present, McDougall agreed to a request to
put Kelsie's matter over for two weeks to allow time to sort things out.
SOURCE: CBC News – Nova Scotia
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