SYDNEY - A sentencing decision is due Monday for a former Glace Bay man who pleaded guilty to being an accessory to murder in the 2006 death of 21-year-old Brett Elizabeth McKinnon.
John Wayne Hynes
John Wayne Hynes of Richmond Street, Halifax, is on remand pending the outcome of the decision.
The judge reserved his decision after spending Friday hearing legal arguments from Crown prosecutor Kathy Pentz, who was joined by fellow Crown Diane McGrath, and defence lawyer Wayne Bacchus.
Pentz has recommended a sentence of three years in a federal prison while Bacchus has asked the court to impose a conditional sentence which will allow Hynes to serve his time in the community under strict conditions.
McKinnon was last seen in Glace Bay in early June 2006, and was reported missing July 13 of that year. Her skeletal remains were found in November 2008, near a former municipal dump site.
Until McKinnon's remains were found, Cape Breton Regional Police were treating the investigation as a missing person and testimony from officers Friday indicated they felt they had credible information McKinnon was alive and living somewhere in Ontario.
Hynes has admitted that he, Barrett, McKinnon and another girl were doing crack cocaine at Barrett's home in June 2006 when he left to buy more baking soda in order to cook the crack.
He returned to the home but was unable to get in so he left the baking soda on the front step.
Days later, he returned to Barrett's home and helped him remove a rolled up carpet from a bedroom and place it in the trunk of Barrett's car. He said they dumped the body in a wooded area near the Cameron Bowl. He said he was certain there was body in the carpet.
Weeks later, Hynes was picked up by police in Glace Bay and told an officer he had information about Tom Barrett and the missing girl.
No formal statement was ever taken at the time and after McKInnon's remains were found, police did contact Hynes, who was then living in Halifax, but he declined to co-operate fearing reprisals from Barrett.
McKinnon's remains were eventually found one kilometre away from where Hynes said he and Barrett first disposed of the carpet. Both the Crown and the defence say the body was moved from one location to another. When the remains were found, there was no carpet.
In addition to being charged with second-degree murder in McKinnon's death, Barrett is also facing a similar charge in relation to the May 2012 death of 21-year-old Laura Catherine Jessome of Bras d'Or. He is scheduled back in court April 3 to determine whether a preliminary hearing on the McKinnon charge will proceed. Barrett has yet to secure the services of a lawyer for his hearing.