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Kurt Churchill eager for bail, lawyer says, but accused murderer's application will have to wait

The case against the man accused of murdering James Cody a year ago in St. John's made little progress at provincial court Thursday, and that means Kurt Churchill will have to wait before applying for bail.

Case set over to July 14 due to lack of disclosure documents from investigators

A man with grey hair and wearing a medical face mask sits in court.
Kurt Churchill, shown here in this file photo from 2020, is accused of murdering James Cody in July 2020. (Bruce Tilley/CBC)

The case against the man accused of murdering James Cody a year ago in St. John's made little progress at provincial court Thursday, and that means Kurt Churchill will have to wait before applying for bail.

The matter was called at provincial court before Judge Jacqueline Brazil Thursday morning, with both Churchill, who is behind bars at Her Majesty's Penitentiary, and his lawyer, Corner Brook litigator Robby Ash, joining by telephone.

Ash said his client is "very eager to bring an application for bail," but noted "we don't even have a prosecutor's information sheet at this point."

Crown attorney Tannis King said her office has not yet been provided with the police investigation file, also known as court disclosure, but that she was expecting to "get it shortly."

As a result, the matter was set over to July 14, with Ash indicating strongly that his client will be seeking bail — known in legal terms as a judicial interim release — at the earlier opportunity.

A bail hearing would take place at the Supreme Court of Newfoundland and Labrador, where the accused will have to show why he should be released from custody.

cop with gun
There was a heavy police presence on Craigmillar Ave in St. John’s on July 5, 2020 following an early morning shooting on the residential street. (Paul Daly for CBC)

Churchill, 44, was arrested June 29 in Toronto. 

He faces murder and firearms charges in connection with the death of Cody, 47.

Cody was found dead of a gunshot wound on the pavement on Craigmillar Avenue in the early morning hours of July 5, 2020. 

Three days after Cody's murder, investigators discovered a handgun on a property behind 40 Craigmillar Ave., which is owned by Churchill.

Investigators also found more than $434,000 in cash in the home, and subsequently launched a money-laundering and proceeds of crime investigation, according to court documents. 

In a court affidavit at the time, the RCMP linked the money laundering investigation to Churchill's "drug trafficking activities."

Churchill does not have a criminal record.

Police have confirmed that Churchill and Cody were known to each other, but have not said whether Cody was targeted.

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