The lawyer for Matthew MacInnes, one of two men charged with second-degree murder in the death of Fenwick resident Earl Clapp, said in court Nov. 13 that he has still not received disclosure — meaning evidence — in the case.
“Today is five weeks since the day of arrest,” attorney Andrew Burton said during the short video proceeding. “We still have not received any disclosure whatsoever, and that is preventing us from taking any steps.”
MacInnes appeared briefly on the video from the Niagara Detention Centre, where he has been held since Oct. 9 — one week after Clapp was killed. Police believe the 74-year-old Clapp was dragged to his death by a vehicle after happening upon an attempted robbery at his Centre Street property.
Burton asked for MacInnes’ matter to be held over until Nov. 27, and asked to clarify that this date was the same as the next scheduled appearance for MacInnes’ co-accused, Jason Lusted.
“Yes it is,” the clerk said.
Not mentioned was a report that Lusted allegedly attempted suicide at the same Niagara Detention Centre on Nov. 5. The Ministry of the Solicitor General told the Voice on Nov. 8 that an inmate had been hospitalized after being found “in distress,” but provided no further details.
The Justice of the Peace granted Burton’s request that MacInnes return on Nov. 27.
