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Preliminary inquiry adjourned in Yarmouth County attempted murder case

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. – A preliminary inquiry that was to have been held Friday, Jan. 12, in the case of a Yarmouth County man facing a charge of attempted murder has been adjourned.

Instead, a new date for the preliminary inquiry of Nicholas Ashton Mullen will be set during a court appearance on Jan. 22.

Mullen’s lawyer, Phil Star, requested the adjournment in provincial court on Jan. 9, saying there was “difficulty” with one of the Crown witnesses. The Crown was not opposed to the adjournment, with Crown attorney Del Wickens calling it a mutual request.

On Nov. 4 the RCMP responded to a 911 call of a reported shooting at a residence in Pembroke, Yarmouth County. The police say 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.

Mullen was arrested Nov. 4 and held in police custody until being brought to court. At the conclusion of a Nov. 6 showcause/bail hearing in provincial court he was denied bail and remanded into custody while these matters are before the court.

Following the Jan. 9 court appearance, Star said there has been no court election entered yet to the charges, but when one is it will be to Supreme Court judge alone or Supreme Court judge and jury.

There are 14 charges before the court, which also includes numerous firearms charges, such as careless use of a firearm, pointing a firearm and discharging a firearm with intent. Star said he anticipates the number of charges to decrease as some consolidation of charges takes place, given that some charges cover the same ground.

Mullen was not present in the courtroom on Jan. 9.

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