A Newfoundland and Labrador Supreme Court judge will decide Tuesday if a St. John's man accused of murder broke conditions of his bail over the weekend.
Kenny Green, 35, claims it was "all a misunderstanding" that put him back in jail the day after he was granted bail. He made the comment to reporters as he was taken back to the holding cells at provincial court Monday morning.
Green was released on Friday, but has been back in custody since his arrest Saturday evening. He's accused of being inside a licensed drinking establishment — a violation of his bail conditions.
Green, his girlfriend, and his daughter, 15, were at the Jungle Jim's restaurant on Topsail Road for supper. In court on Monday afternoon, Green told Justice William Goodridge that a police officer said he wouldn't charge him for going into that kind of family restaurant.
Green also said he thought he was only prohibited from going into a bar or nightclub. Nonetheless, he was arrested as he left the restaurant.
Goodridge, meanwhile, acknowledged the situation has been a grey area in the past.
Green is accused of second-degree murder in the death of Joey Whalen last March. Whalen, 47, was the victim of a vicious beating in a known drug house in downtown St. John's. He died in hospital three days after the attack.
Green has pleaded not guilty.
He's due back in Supreme Court on Tuesday for a decision on bail.