Judge's 'unfairness' upends murder case, leads to charge being downgraded to manslaughter

New Brunswick Crown prosecutors agreed to downgrade a man's murder charge, allowing him to plead guilty to the lesser charge of manslaughter following complaints by his lawyer that the judge in the case had acted unfairly.

Joshua Raines was originally charged with second-degree murder in the March 2023 homicide of Lucas Polchies of Kingsclear First Nation.

Polchies was found suffering from a gunshot wound along the side of a road near Fredericton and later died in hospital.

On Friday, Raines pleaded guilty to manslaughter after the Office of the Attorney General consented to letting him re-elect a trial in provincial court instead of Court of King's Bench.

"The plea of the lesser included offence [of manslaughter] is something that you had jurisdiction over to deal with,"  Nathan Gorham said to Court of King's Bench Justice E. Thomas Christie on Friday.

"And because we did not have a path forward before this court to efficiently deal with this, the parties have chosen to consent — both of us — to have the matter tried in a court, where there will not be difficulties regarding unfairness that exist in this court."

Christie's pretrial conduct was unfair, says lawyer

Gorham said Raines being allowed to plead guilty to manslaughter came what he called unfair conduct by Christie in the pretrial stages of the murder case.

Gorham said he believes Christie acted unfairly by pushing ahead with scheduling court dates in Raines's case that conflicted with court dates Gorham already had scheduled for other cases.

Gorham said when he raised the issue in court, Christie decided to rule on whether he should recuse himself, which he later found "no basis for," according to Christie's written decision.

That prompted Gorham to file a formal application for a hearing to raise evidence arguing for Christie's recusal.

A pre-hearing brief filed by Crown prosecutors in response to that application showed they agreed that a hearing on the application should be held.

However, Christie rejected the request during a court appearance on Monday, Gorham said.

"And so the judge swept it aside anyway, in the face of what both lawyers had said, and then the Crown agreed to this consent procedure that had the practical effect of recusal, right?" Gorham said after Friday's proceedings.

"Because it brings it into another court to be dealt with in another fashion."

Raines granted bail until sentencing

Following his re-election Friday, sheriffs transported Raines in custody from the Burton courthouse to the Fredericton courthouse, where he faced Judge Mélanie Poirier LeBlanc.

Standing in the prisoner's box wearing a light blue tracksuit, he pleaded guilty to manslaughter as about 10 friends and relatives of Polchies sat in the gallery, some of whom could be heard crying.

Gorham then told Poirier LeBlanc that he and the Crown plan to recommend Raines be sentenced to four and a half years in prison.

Gorham said Raines has about three and a quarter years of remand credit, meaning Raines will have to spend about another year in prison if Poirier Lebanc goes along with the joint recommendation.

Crown prosecutor Wesley McIntosh also consented to Raines being let out on bail until he's due back in court for sentencing on Dec. 2.

"His mother has recently passed away and this would give him time to put his affairs in order," Gorham said.

He'll be on house arrest during that period and only allowed to leave his Holmesville property north of Florenceville-Bristol for medical and legal appointments and to run personal errands only between 1 p.m. and 6 p.m. each Saturday.

'It's injustice', victim's sister says

CBC News asked McIntosh after the proceedings why Raines was allowed to plead guilty to manslaughter, but he declined to comment.

The years-long wait for justice came to a disappointing end, said Noah Polchies, sister for Lucas Polchies.

"It's injustice. I feel scared," said Polchies, speaking outside the courthouse.

"As someone who lost their brother who was murdered at gunpoint, like I, I'm terrified he gets to go out [on bail]."

Polchies said no outcome would have made up for the loss of her brother, and the pain it's brought to her and her family.

However, she said Friday's outcome made her feel the justice system once again let down First Nations people.

"I just don't know how people are supposed to go to the justice system and feel heard and feel protected when they're constantly letting us down and showing us that no one cares."

Details of incident still unclear

New Brunswick RCMP have said officers responded on March 12, 2023, to a report of a "roadside firearm related incident" near the 2300 block of Route 102 in Lincoln, outside Fredericton, shortly after 4 a.m.

Officers found the 27-year-old Polchies suffering from a gunshot wound, which he later died from in hospital.

In court Friday, Gorham offered a brief explanation for what prompted Raines to fire at Polchies.

"[Raines] understands he will be admitting he fired a single shot that struck the deceased," Gorham said.

"The deceased raised his hand in the moment before the shot that would give the reasonable perception of the risk of grave harm to the shooter."

McIntosh told Poirier LeBlanc a more detailed version of the facts would be provided at Raines's sentencing in December.