Nova Scotia

Captain's wife charged in fisherman's death sets court dates

The wife of a fishing boat captain charged with accessory after the fact in the death of a Cape Breton fisherman appeared in a Sydney court via video conference on Tuesday morning.

Carla Ann Samson owns the Twin Maggies

The wife of a fishing boat captain charged with accessory after the fact in the death of a Cape Breton fisherman appeared in a Sydney court via video conference on Tuesday morning.

Phillip Boudreau, of Petit-de-Grat, has not been seen since the morning of June 1. His overturned boat was found later that day with its motor missing.

The 43-year-old's body has not been found, but three men — James Joseph Landry, Craig Landry and Dwayne Matthew Samson — have been charged with second-degree murder. They were all crewmen on another boat called the Twin Maggies, which is alleged to have been involved in a confrontation with Boudreau's boat.

RCMP seized the Twin Maggies as part of their investigation into Philip Boudreau's disappearance. (CBC)

Carla Ann Samson, 37, is the registered owner of the Twin Maggies and was arrested on Friday at her home in D'Escousse and charged with accessory after the fact. She's also the wife of Capt. Dwayne Samson and the daughter of crewman James Joseph Landry.

"Accessory after the fact is, basically, the person knew the murder had taken place and assisted the people after the fact in relation to the incident," said Crown prosecutor Dan MacRury.

Samson's lawyer applied for a bail hearing for July 4 in Port Hawkesbury. She'll be back to set a date for a preliminary hearing on July 10.

Nash Brogan, Samson's lawyer, said the couple's twin daughters are being cared for by their grandparents.

"You only can imagine a mother with two children running a business in a small community, it's created a lot of hardship," Brogan told reporters on Tuesday.

"It's very, very embarrassing and it's a very difficult situation for everyone involved."

While Brogan is hopeful his client will be released on bail, MacRury said several things must be considered.

"What will be taken into account is the serious nature of the offense, the family circumstance. What is their plan for release? Do they have a surety? Basically, will the public be protected with release?" he said.

Traps dispute

Documents obtained by CBC News show the investigator's file said James Joseph Landry, 65, gave statements to RCMP investigators shortly after his arrest on June 8. His claims have not been proven in court and may not be true, but they do form the basis for the case that is now before the courts.

In the statement, Landry claimed the crew of the Twin Maggies rounded the point off Petit-de-Grat early in the morning and spotted Boudreau in a small motor boat cutting their trap lines.

According to the documents, Landry told police he shot at Boudreau with a rifle after the crew spotted him cutting gear they owned. He claimed he fired four shots and the second one hit Boudreau and he fell over in the boat.

He told investigators the Twin Maggies then ran over Boudreau and his smaller boat a couple of times. He said they never saw his body after that.