The applicants, William Cummins and Matthew Moreira, charged with first-degree murder and robbery alongside Patrick Smith, sought severance from Mr. Smith for their joint trial.
The motion was based on the potential impact of Mr. Smith's statement to undercover officers, which they argued was exculpatory for them and necessary for their full answer and defence.
The court dismissed the application, emphasizing the legal presumption in favour of joint trials for co-accused acting in concert, the risk of inconsistent verdicts, and the truth-seeking function of a single trial.
The court found that antagonistic defences were likely to arise, and that carefully crafted jury instructions could mitigate any prejudice.
