THUNDER BAY – Next month, lawyers representing Brayden Bushby will argue to the court that the judge presiding in the preliminary hearing erred in committing the 20-year-old to stand trial for second-degree murder for his alleged role in the death of Barbara Kentner.
In a Thunder Bay courtroom on Monday, attorney George Joseph, who is representing Bushby along with attorney Ryan Green, requested a date of May 21 for a certiorari application.
The application will argue Justice Frank Valente erred in committing Bushby to stand trial for second-degree murder.
The preliminary hearing for Bushby opened last September. Following the five day hearing, Valente ruled there was enough evidence for Bushby to stand trial on the charge of second-degree murder.
Bushby is alleged to have thrown a metal trailer hitch from a moving vehicle that struck Kentner in the abdomen while she was walking in the Cameron Street area on the night of Jan. 28, 2017. Kentner, 34, died in hospital on July 4 of that year.
Originally charged with aggravated assault, the Crown and the Thunder Bay Police Service with help from the Regional Coroner’s Office, reviewed the case and upgraded the charge to second-degree murder.
On Monday, Joseph also indicated his intention to set a date for trial, however, he advised the court that if the certiorari application is successful, the defense will not elect for a jury trial.
The court decided not to set dates for a potential jury trial or dates for pre-trial applications until after further consulting with counsel, the Crown, and the trial coordinator.
Bushby was released on bail last November. There is a publication ban in place on all evidence in this case.
