William Edmund Byron Fogarty was back in Antigonish Provincial Court Wednesday afternoon for a bail hearing. The 31-year-old Antigonish resident is charged with two counts of impaired driving by drugs causing death and two charges of dangerous operation of a motor vehicle causing death in relation to a fatal two-vehicle collision Nov. 25, 2011 on Highway #4 in Tracadie, Antigonish County.
Fogarty was driving a 2002 Ford Crown Victoria, which was involved in a crash with a 1994 Ford Mustang driven by Kory Mattie, 16, of Linwood, Antigonish County. Mattie died at the crash scene, while his passenger, Nicholas (Nico) Landry-McKenna, 17, of Monastery, died later that day at the Halifax Infirmary. Both teenagers were students at East Antigonish Academy.
Wednesday Nova Scotia Supreme Court Justice Patrick J. Duncan heard testimony from four witnesses regarding whether Fogarty should be released on bail. After nearly three hours of testimony Duncan called for an adjournment. The hearing will resume Wednesday, April 25 with the Crown and the defense making submissions. Duncan will announce his decision on bail following.
Parents of the victims, friends and Fogarty’s parents were among those in the court room. Prior to the hearing friends protested in front of the justice center.
The accused was last in court in early March when he selected a Nova Scotia Supreme Court trial by judge alone. At that time, three days were set aside for Fogarty’s preliminary inquiry, which will determine if there is enough evidence to continue to a trial. The inquiry is scheduled for May 17, 18 and 28.
Fogarty remains in custody.