A Saint John man appeared in court Monday, charged with second-degree murder in the death of a woman nearly five years ago.
Mark Andrew Carty, 57, was arrested by Saint John Police on Friday in the investigation into the killing of Tammy Boratynec.
The 43-year-old Boratynec’s body was discovered in the backyard of her Melrose Street apartment in east Saint John on July 17, 2016.
Police had not updated the case until last week’s arrest.
Carty appeared via video conference, wearing an orange sweater and blue, medical-style facemask. He said little in response to questions from provincial court Judge Marco Cloutier.
Cloutier told the courtroom that provincial court did not have the jurisdiction to schedule a bail hearing, and that Carty would have to apply for one the Court of Queen’s Bench.
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On his behalf, duty council James McConnell told the court Carty wished to waive his right to a preliminary inquiry and have the matter advanced to the higher Court of Queen’s Bench.
Responding to Cloutier, Carty said he had not spoken to a lawyer other than a brief conversation with McConnell prior to the start of the proceedings. Carty also said he had not applied for legal aid.
Cloutier said it was not advisable to waive the preliminary inquiry — where a judge reviews evidence to see if there is enough to take a case to trial — especially without consulting a lawyer.
He adjourned the proceedings to set a date for a preliminary inquiry and encouraged Carty to speak with a lawyer and apply for legal aid.
Carty will remain in custody until his next appearance on July 23 at 1:30 p.m.
Cloutier requested it be an in-person appearance to allow Carty to speak with duty council face-to-face.
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