Judge reserves bail decision in second-degree murder case

Staff ~ The Cape Breton Post
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PORT HAWKESBURY —  A decision on whether a Cape Breton man charged with second-degree murder will be granted bail is now expected to be delivered July 29.

Supreme Court Justice Simon MacDonald presided over a bail hearing Monday for Dwayne Matthew Samson, 43, who is one of four people charged in connection with the June 1 death of  Phillip Joseph Boudreau.

At the end of the hearing, the judge said he was reserving decision. Evidence presented at the hearing is banned from publication.

Another accused, Joseph James Landry, 65, of Petit-de-Grat, was returned to custody Monday and is now scheduled to have bail hearing Oct. 4. He is also facing a charge of second-degree murder.

Boudreau's overturned 16-foot boat was found in Petit-de-Grat harbour but there was no sign of Boudreau. Despite extensive ground and water searches, the body has not been recovered. Published reports have indicated Boudreau may have been shot as he raided lobster traps.

Craig Claude Landry, 40, of Petit-de-Grat, is the third accused. He is also charged with second-degree murder.

He was previously released after posting a $50,000 surety and agreeing to abide by a host of conditions, including that he remain in Nova Scotia and surrender his passport. He must also abide by a curfew and is to have no contact with the other accused or their families.

He is scheduled to return to provincial court Sept. 24 to set a preliminary hearing date on the charge. A judge presiding over the preliminary hearing will decide if there's enough evidence to send the case to trial.

The fourth accused is Carla Ann Samson, 37, who faces a single count of being an accessory after the fact. Samson is the wife of Samson and the daughter of Joseph James Landry.

She was released previously on a $25,000 surety and several conditions, including having no contact with the other accused and turning over her passport to police.

Nine days have been set aside for a preliminary hearing for her husband, beginning Nov. 25.

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