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Capay's application to drop prosecution returns May 23

THUNDER BAY -- After nearly five years of waiting for his case to go to trial, 24-year-old murder suspect Adam Capay appeared in court through a video conference this morning.
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Adam Capay is brought into the Ontario Court of Justice on June 6, 2012.

THUNDER BAY -- After nearly five years of waiting for his case to go to trial, 24-year-old murder suspect Adam Capay appeared in court through a video conference on Tuesday morning.

His lawyers are attempting to get a stay of processing, and the charge against him withdrawn.

Capay was charged with first-degree murder in connection with the stabbing death of another inmate, 35-year-old Sherman Quisses.

The incident occurred at the Thunder Bay Correctional Centre in June 2012, and Capay has remained in custody since that time.

His case last year made national headlines when it was made public that Capay was left in solitary confinement up to 23 hours a day for more than four years at the Thunder Bay District Jail.  

Since then, his lawyers have asked the case be stayed as they argue that his rights were violated under the Charter of Rights and Freedom.

A psychiatric assessment has been completed, but details of that evaluation are under a publication ban.

Capay's application to drop the prosecution is now scheduled to be heard on May 23 at the Thunder Bay Courthouse.

(TBT News)