A preliminary hearing began Monday for two former William Head inmates charged with killing a Metchosin man in July 2019.
James Lee Busch appeared in person in Western Communities provincial court. Zachary Armitage appeared by video from a prison on the Lower Mainland. Both are charged with the first-degree murder of Martin Payne, 60.
Five lawyers, separated by plexiglass, were present in the small provincial courtroom. Paul Pearson and Chandra Fisher are representing the Crown. Defence lawyer Jim Heller is representing Armitage and Victoria lawyer Ryan Drury is representing Busch.
Although evidence at the preliminary inquiry is under a publication ban, police have said previously that the two inmates escaped from William Head Institution by walking away at low tide on July 7, 2019. They were recaptured on the evening of July 9 in Esquimalt after being recognized by an off-duty RCMP officer out walking his dog.
West Shore RCMP found Payne’s body on July 12 in his Brookview Drive home after he didn’t show up for work.
The preliminary inquiry is scheduled for five days this week and three days at the end of June.
Preliminary hearings are held when people accused of crimes choose to have a trial in B.C. Supreme Court. It allows the judge to decide if there is enough evidence to convict the accused. The Crown presents its evidence to a provincial court judge, and the defence has an opportunity to cross-examine witnesses.
If Judge Lisa Mrozinski decides there is sufficient evidence, she will order that a trial be held. If there is not enough evidence, the charges against the accused will be dismissed.
Busch and Armitage have already pleaded guilty to the prison break and received 12-month sentences.
