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Toronto man elects trial in the Supreme Court of Newfoundland and Labrador during appearance in Corner Brook

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A former west coast man now living in Toronto and facing six sex related charges that date back to the 1980s has elected to be tried by judge alone in the Supreme Court of Newfoundland and Labrador.

Herbert Penney-Flynn, 73, was charged earlier this year with five offences involving one male victim in 1982 and a single offence involving a second male in 1988.

He appeared via teleconference when his matters were called in provincial court in Corner Brook on Tuesday morning.

Related story:

Corner Brook court vacates arrest warrant for Herbert Penney-Flynn after accused makes contact

He’s being represented by legal aid lawyer Conor Mullin, however, Mullin was not present for the appearance.

Instead, legal aid lawyer Jamie Luscombe made the election on Penney-Flynn’s behalf.

A preliminary inquiry will be held on July 30 to determine if Penney-Flynn will be committed to stand trial on the charges.

Information provided by the court alleges five offences, all naming one victim, taking place between July 1 and July 31, 1982 in Corner Brook.

The charges include indecent assault; buggery; gross indecency; administering, or causing to be administered, a noxious thing; and administering, or causing to be administered, a stupefying or overpowering drug.

A second information sheet alleges that Penney-Flynn sexually assaulted the second victim between June 1 and June 30, 1988 in Corner Brook.

A court ordered publication ban is in place to protect the identity of the complainants.

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