The co-accused applied to sever a second-degree murder count from two first-degree murder counts on the same indictment.
The co-accused argued that the stronger evidence on the first two counts, including a confession, would cause moral and reasoning prejudice on the third count, where the cause of death was disputed.
The court dismissed the application, finding a strong factual and legal nexus between the counts, as all three deceased were members of the same family involved in an ongoing child custody dispute.
The court also found that count-to-count similar fact evidence was likely admissible to prove identity, and that the interests of justice, including avoiding a multiplicity of proceedings, favoured a joint trial.
