Home invasion trial accused's alibi questioned

The judge in a home invasion allowed the Crown to call new witnesses to the stand in P.E.I. Supreme Court on Tuesday in Charlottetown to try to prove the accused's alibi false.

Tenant denies complaining about accused night of home invasion

The judge in a home invasion allowed the Crown to call new witnesses to the stand in P.E.I. Supreme Court on Tuesday in Charlottetown to try to prove the accused's alibi false.

Derry Ian Bird, 22 of Stanhope, has pleaded not guilty to a home invasion on May 28, 2012 in Emyvale where a drug dealer was robbed at gun point.

Bird is charged with armed robbery, wearing a mask while committing an offence, and assault with a weapon.

Crown prosecutor Cindy Wedge was allowed to call more witnesses to the stand Tuesday, after Supreme Court Justice Gordon Campbell ruled their testimony could provide key evidence about Derry Bird's whereabouts the night of the crime.

Parents' testimony contradicted

Bird and his parents testified earlier in the trial, that Bird was home that night in Stanhope, smoking marijuana in the basement of their house. They also testified a tenant upstairs complained about the smell.

On Tuesday that tenant was called to the stand. She confirmed she had complained to Bird's father about the marijuana odour, and told the court she moved out because of the smell. But she said she moved on Victoria Day weekend 2012, a week before the home invasion.

The court also heard from a police officer, an acquaintance of Bird's, and the tenant's partner.

Defence lawyer Brendan Hubley was opposed to allowing more witnesses to testify. He questioned the tenant's memory for dates.

The judge did turn down a request from one witness who wanted to take the stand for a second time. 

Chase James Roper, 23, was charged with perjury after his testimony at the trial contradicted videotaped statements he gave police earlier that implicated Bird.   The Crown told court Roper wanted to testify again to set the record straight.

The judge declined Roper's request.

These were the final witnesses at the Bird trial. Justice Campbell will have a decision on Bird's case Feb. 14.


To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.