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Convicted killer Robert Cudney’s sentencing hearing was postponed Friday because he’s in isolation at the Calgary Remand Centre due to a potential COVID-19 contact.
Justice Robert Hall agreed to adjourn the hearing to next week when Cudney will be out of isolation after defence lawyer Andrea Serink indicated her client couldn’t attend in person, or by video link.
Cudney was able to be present by phone as Serink and Crown prosecutor Melissa Kostiuk adjourned the case to June 3.
The judge said he will first have to determine what facts jurors relied on in convicting Cudney of second-degree murder in the Nov. 20, 2017 disappearance of Calgarian Adam Young.
Jurors heard evidence from Crown witness Jeff Brady that he was driving in northeast Calgary when Cudney, who was sitting in the rear seat behind him and Young, pulled out a handgun, tightened a silencer attached to the barrel and shot the victim in the back of the head.
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Brady said he and Cudney subsequently took the body to an acreage south of Calgary, where, with the assistance of Chad Eroshinsky, it was incinerated in a burn barrel.
Serink had argued neither Brady, nor Eroshinsky were trustworthy witnesses and their testimony should be rejected.
Brady was originally charged with murder as well, but pleaded guilty to causing an indignity to a body and was granted immunity for the killing.
After Hall determines the facts, he will hear any victim-impact statements filed on behalf of Young’s family before submissions on sentencing.
Cudney faces an automatic life sentence, but the issue of parole ineligibility must still be determined.
The judge can order the offender held without full parole for anywhere between 10 and 25 years.
KMartin@postmedia.com
On Twitter: @KMartinCourts
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