PORT HAWKESBURY — Having already been denied bail, a 43-year-old D'Escousse man charged with second-degree murder was released Tuesday after agreeing to abide by a host of conditions.
Dwayne Matthew Samson is one of four people charged in connection with the June 1 death of 43-year-old Phillip Joseph Boudreau.
Samson was previously denied bail July 29 but his defence lawyer Nash Brogan served notice this week that his client was again making an application for interim judicial release.
Chief Crown prosecutor for Cape Breton, Dan MacRury, said Tuesday the Crown objected to the release of Samson during the first hearing in being unsatisfied with the proposed release plan. Supreme Court Justice Simon MacDonald agreed and denied release.
He said the new plan does address the Crown's concerns and will offer improved protection for the public. Again, MacDonald presided over the hearing and granted release on strict conditions.
Samson was released after posting a $60,000 surety of which $50,000 is secured against the home of his sister in Halifax and $10,000 in cash.
Among the conditions of his release, Samson must live in Halifax with his sister and observe a 24/7 curfew with exceptions for work, medical emergencies and legal appointments. He is only allowed to be on Cape Breton Island for court dates and is to refrain from venturing into his home territory of Richmond County.
In coming to Cape Breton for court, Samson is to notify police 24 hours in advance and provide a location of where he will be staying. He is not allowed to possess a cellphone and must refrain from contacting any witnesses in the case or the other co-accused.
Samson is now scheduled back in court Nov. 26 when it is expected that a preliminary hearing date will be set.
Boudreau's overturned 16-foot boat was found in Petit-de-Grat harbour and despite extensive ground and water searches, his body was never discovered. Published reports have indicated Boudreau may have been shot as he raided lobster traps.
Another accused, Joseph James Landry, 65, of Petit-de-Grat, also charged with second-degree murder, continues to be on remand pending an Oct. 4 bail hearing.
Craig Claude Landry, 40, of Petit-de-Grat, was previously released after posting a $50,000 surety and agreeing to abide by a host of conditions. He is scheduled to return to provincial court Sept. 24 to set a preliminary hearing date on the charge.
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.
Her preliminary hearing is set to begin Dec. 2.