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No court election yet on Yarmouth attempted murder charged laid in November 2017

The RCMP were on the scene of a residence on the Pembroke Road in Yarmouth County on Nov. 4, investigating a shooting said to have happened in the early morning hours. TINA COMEAU PHOTO
The RCMP were on the scene of a residence on the Pembroke Road in Yarmouth County on Nov. 4, 2017, investigating a shooting said to have happened in the early morning hours. TINA COMEAU PHOTO
YARMOUTH, N.S. —

It’s been 15 months since charges were laid but there’s still been no election as to what level of court a charge of attempted murder and other weapons charges will be heard in when the matter eventually goes to trial.

During the latest court appearance for Nicholas Ashton Mullen, 33, that took place in provincial court in Yarmouth on Feb. 19, Ashton’s lawyer Phil Star put forward a mutual request for adjournment from the crown and the defence.

Star said there was “ongoing discussion” happening concerning recent correspondence that had come in pertaining to the case.

A new date for election was set for April 23. Because these are indictable offences, there is a choice of a trial taking place in provincial court or in Supreme Court in front of a judge alone or a judge and jury.

This case has appeared on the court docket 17 times for various hearings and adjournments since charges were laid in November 2017.

On Nov. 4, 2017, the RCMP responded to a 911 call of a reported shooting at a residence in Pembroke, Yarmouth County. The police said upon arrival they located a 38-year-old man outside of the residence suffering from a gunshot wound. That man was airlifted to hospital in Halifax suffering, at the time, from life-threatening injuries.

In addition to a count of attempted murder, Mullen is facing numerous firearms charges.

Star said one issue that had caused a lengthy delay in the case was receiving the medical examiners’ report.

Mullen was initially being held in custody while the matters were before the court but was release following a bail review last year.

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