Hearing adjourned until Monday
April 17, 2008 - 04:00
By Jeff Mitchell
WHITBY -- A judge will be asked Monday to grant bail to a man accused in the murder of his young neighbour more than 30 years ago.
A bail review hearing for 56-year-old Alan Smith, accused in the 1974 murder of Beverly Smith of Raglan, began Wednesday and was adjourned after Superior Court Justice Michelle Fuerst heard some details of surety and release proposals. Defence lawyer Tom Balka asked the judge for more time to work on details of that plan before making his final submissions.
Durham Crown Attorney John Scott appeared in opposition to the bail request. Details of evidence presented during the hearing in Whitby are covered by a publication ban.
The slightly built Mr. Smith, clad in a green sweater and blue jeans and wearing handcuffs and shackles, was ushered in and out of the upper-floor courtroom by police officers. At one point he paused to try to speak to a woman in the public gallery, but was told by an officer to move along.
Several people appeared in support of Mr. Smith, who was arrested March 17 at his daughter's home in Cobourg. He's accused of second-degree murder in the death of the 22-year-old Ms. Smith -- no relation to the accused man -- who was found Dec. 9, 1974, in her Raglan home, killed by a single gunshot to the back of the head. The killing shocked the community and perplexed police, who over the years have revisited the file in hopes of breaking the case.
Last May a new look at the case was begun with 10 investigators aided by uniformed cops who went back to the beginning, contacting people interviewed in the past and following up on new leads.
An appeal was also made to the public in February when Barbra Brown, Ms. Smith's twin sister, and the slain woman's daughter Rebecca joined investigators to make an emotional plea for information on the cold case.
Ms. Brown and Rebecca were in court Wednesday, as were Susan Brown and Wendy Lodge, also sisters of Ms. Smith.
Barbra Brown, who sat just metres away from the prisoner's dock from which Mr. Smith watched the proceedings, said it was chilling to set eyes on the man accused of killing her sister.
"It's difficult," she said. "It's hard to say how I feel -- it's confusing."
Ms. Brown and her sisters vowed to be back in court Monday, when Justice Fuerst could render a decision on whether Mr. Smith will be released on bail.
"Mainly we're doing this for Beverly," she said.
Ms. Brown said she's received many words of support since the announcement of an arrest in the case.
"The whole community wanted to know a name -- they needed to know a name," she said.
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