Man co-accused in McAdam vigilante case headed for trial
A jury has been selected and a trial is set to begin for a man who's co-accused in what's been described as a case of vigilante justice that took place in the village of McAdam, about 75 kilometres southwest of Fredericton, nearly two years ago.
Dozens of people showed up to the Burton courthouse Wednesday morning to answer jury summons for the trial of Dwain Everett Gardner, who's facing charges that he assaulted, pointed a shotgun at, and unlawfully confined Blake Scott on June 4, 2022.
Gardner is also charged with possessing a shotgun for the purpose of committing an offence.
Aside from potential jurors, about 10 supporters of Gardner showed up Wednesday, including Billy McGillicuddy, who'd earlier been co-accused and convicted in Scott's assault.
12 jurors, 2 alternates selected
Presiding Court of King's Bench Justice E. Thomas Christie began the selection process by reminding the candidates of their duty to properly consider the evidence. By noon, 12 jurors and two alternates had been selected.
"It is your duty to identify and set aside any prejudices or stereotypes that may affect your decision in this case," said Christie, speaking to the 14 selected jurors.
Christie also named the 15 witnesses the Crown plans to call to testify during the trial, which include the victim and several police officers.
Crown prosecutor Rodney Jordan said he expects the trial to take three days, and defence lawyer Nathan Gorham agreed with that estimate, though Christie warned jurors the trial could take longer.
After instructing the jurors, Christie dismissed them and said they'd be expected to return for the start of the trial on Thursday morning.
Accused plans to take stand
Speaking after Wednesday's proceedings, Gorham said his client plans to take the stand in his own defence during the trial.
"He's adamant he did not commit any crimes. He was trying to defuse some of the tension in the community that had arisen from a rash of drug offences and property offences and sexual offences, or at least allegations of sexual offences," Gorham said.
"He doesn't condone vigilantism even in cases involving sexual assault or property offences and so on ... He'll explain his perspective on why he did not commit any crimes."
Gardner was charged alongside McGillicuddy, who was convicted in October 2022 for assaulting Scott with a baseball bat and a chair and for unlawfully confining him.
McGillicuddy pleaded guilty and was sentenced to 18 months in jail, followed by a year of probation.
McAdam mayor Ken Stannix was among supporters who showed up to court when Billy McGillicuddy was initially charged in June 2022. (Joe McDonald/CBC)
At the time of his sentencing, Crown prosecutor Darlene Blunston characterized McGillicuddy's actions as "taking justice into his own hands and dealing with matters in his own way."
That characterization was also reflected by Mayor Ken Stannix, who showed up at the Fredericton courthouse for McGillicuddy's first court appearance on June 6, 2022.
He said at the time that he attended court that day because he "wanted to support the individuals who allegedly took the law into their own hands."
Stannix said residents of the village were getting frustrated with a rise in property crime, adding that "the criminals are getting away with everything."
