by The man accused of killing Brett Elizabeth McKinnon from Glace Bay is looking to get the charge dismissed.
The lawyer for 40 year-old Thomas Ted Barrett made the application to have the second degree murder charge withdrawn in Supreme Court, yesterday.
Brian Bailey argued there’s been an unreasonable delay in bringing the case to trial with a start date scheduled for January.
Bailey says 35 and a half months have passed since Barrett was first charged and adds his client has been restricted in his ability to move the case along because he’s been jailed since his arrest.
McKinnon was first reported missing in 2006 and her skeletal remains were found in Glace Bay by two hunters in 2008.
Barrett was formally charged with the crime in February of 2013.
Justice Robin Gogan says she hopes to have a written decision on the application by the end of the month.
Barrett is also scheduled to stand in June on a charge of second-degree murder in the 2012 death of Laura Jessome from Bras d’Or.