Man accused of murder denied bail

Published on January 15, 2010

Published on February 20, 2010

Staff ~ The News

PICTOU?- A Pictou man accused of first-degree murder has been denied bail.
Bernard Frederick Hartling, 35, was remanded into custody at the Burnside Correctional Facility on Thursday after Justice Douglas MacLellan gave his decision on a show cause hearing.
Hartling is accused in the shooting death of 30-year-old Kenneth Gregory McNamara, who was found dead outside his home on the Glen Road East in Central Caribou on Nov. 14, shortly after 10 a.m.
Hartling has been in custody since Nov. 15.
The week before, MacLellan had reserved his decision following a four-hour hearing that featured testimony from three witnesses.
In a show cause hearing, the onus is on the defence to show why the accused should be released into the community. Typically, a release includes strict conditions the accused must follow.
No details from the show cause hearing, nor the reasons for MacLellan's decision to deny bail to Hartling, can be given due to a publication ban put into place by the courts.
Security was tight at the court on Thursday afternoon, with everyone entering the building required to go through a metal detector and have their bags searched by sheriffs. The courtroom was opened only moments before court was called to order.
Additional deputies were present inside the courtroom, while others were stationed just outside the doors to the court. Members of both the Hartling and McNamara families filled the room.
When MacLellan announced his decision, the McNamara family broke out in smiles and gripped hands tightly.
Amanda Cornett, the victim's girlfriend, who is expecting a baby boy in just a few weeks, says she was "very pleased" with the judge's decision on Thursday.
"He made the right one," she said. "My step-son and I will be able to welcome Kenny's second-born son into this world knowing that the man who (allegedly) murdered their beloved father is behind bars, where he belongs. As we try to prepare ourselves for the year of firsts without Kenny in our lives, our hearts can rest at ease for now."
The victim's mother, Jo-Anne McNamara, was also happy with the judge's decision.
"We are extremely happy with the judge's decision today," she said. "Bernie Hartling was charged with first-degree murder, and in our minds, shouldn't even have been considered for bail. We are very happy that the justice system has not let us down and will hopefully continue to do the right thing in this case."
Hartling will be back in New Glasgow provincial court on Jan. 25 to set a date for a preliminary inquiry.
Until then, a no-contact order that includes a list of witnesses, Cornett and other members of the McNamara family, will continue.
Exceptions on the list include members of Hartling's own family.
The Crown has indicated it's possible the case could go to trial as early as October, but defence lawyer Hector MacIsaac has told the court it's more likely that the case will not likely be ready for trial until 2011.