SASKATOON – A hearing to determine if there is enough evidence to send the case to trial is being held this week for a man charged in the death of a 14-year-old boy.
Wearing an orange prison issue sweatshirt and a COVID-19 face mask, 26-year-old Paul Joseph Nicotine sat in the prisoner’s box throughout his preliminary hearing today in Saskatoon Provincial Court. The evidence presented during the hearing is under a publication ban.
Nicotine is represented by defence lawyer Chris Murphy. Crown Tyla Olenchuk is prosecuting the case and Judge Vanessa Monar Enweani is presiding.
Two witnesses took the stand today. The Crown asked the court to go into a Voir Dire, which is a trial within a trial, to discuss a witness under what is called the Milgaard Procedure.
The Milgaard Procedure is in the Canada Evidence Act. If a contradictory statement is proven then opposing counsel can cross-examine on the circumstances under which the statement was made. The Milgaard Application was added to permit a broader ability to impeach a witness through cross-examination on written statements without declaring the witness hostile or unfavourable.
Nicotine is charged with manslaughter, robbery and a break and enter that led to the youth’s death on Dec. 7, 2020. Saskatoon Police say that the 14-year-old boy was pronounced deceased following an altercation that occurred during a break and enter at a home in the 400 block of Avenue R Â鶹´«Ã½AV.
The charges against Nicotine haven't been proven in court.
On Jan. 7, 2021, Saskatoon Police released Nicotine's photo advising the public that he was wanted in connection to the teen's death, and for a number of unrelated charges. When they described Nicotine, police said he has a number of tattoos with the most predominant being large wings and a cross on his neck, and a tear drop below his left eye.
Nicotine was arrested without incident on Jan. 12, 2021, by the Saskatoon Police Guns and Gang unit with help from patrol officers.
Two young offenders were also arrested and charged. They can't be identified in accordance with the Youth Criminal Justice Act.
