The accused in the Conway Cash Store robbery consented to remain in jail over the Christmas holidays while his lawyer waits to see all the evidence against him.
Robert Keith McCully, 44, of Plympton made his second appearance in Digby Provincial Court on Thursday, Dec. 22, on charges of armed robbery, wearing a disguise with intent to commit a crime, driving without a license and driving without insurance. For the second time his legal aid lawyer Darren McLeod said he hadn’t had the opportunity to review the evidence.
“I received some disclosure this morning and it continues to come in,” MacLeod told the court.
“I’m not complaining. I understand it takes time. There is some video or photographic evidence to come or I may have received it but I need some time to look at in detail before I advise Mr. McCully any further.”
MacLeod asked and Provincial Court Judge Warren Zimmer agreed to set the election and plea and show cause hearing over until Thursday, Jan. 12.
McCully was arrested and has been in custody since Monday, Dec. 19. He first appeared in court on Tuesday, Dec. 20.
A robbery conviction could mean a minimum sentence of four years’ imprisonment.
Police are alleging McCully is the man who entered the Conway Cash Store just outside Digby with a hammer, wearing a wig and demanding money near 3:30 p.m. Monday, Dec. 12.
Another robber waited in the parking lot in a grey Sunfire. The robbers disappeared with an undisclosed amount of cash down highway 303 in the direction of the 101 despite police checkpoints at Exit 26 and near Weymouth.
People around Digby reported seeing a grey Sunfire on the back of a tow truck at the Digby RCMP detachment on Monday, Dec. 19, the day McCully was arrested. Others have posted on Facebook that the RCMP found the wig in North Range.
Staff Sergeant Phil Barrett wouldn’t confirm any of that this morning nor whether they have the hammer used in the robbery.
The staff sergeant did say last week they had good images of the robber from the in store surveillance cameras.
Asked about the driver of the get away car, Barrett would only say the investigation is continuing.
jriley@digbycourier.ca
McCully has not been found guilty of anything yet. I believe in fact the onus is on the Crown to make a case why he should remain in jail at this time. But the Crown didn't have to make that case, because, for whatever reason, McCully chose to consent to the remand. An important distinction. One little word can carry with it a lot of information.