Stepfather of missing N.S. children has assault case adjourned after plea appearance

The court case for Daniel Martell – the stepfather of two missing Nova Scotia kids – was delayed on Monday.

Daniel Martell, the stepfather of two missing Nova Scotia children, was scheduled to enter a plea and choose his mode of trial in court Monday.

However, the matter was adjourned after his lawyer appeared on his behalf and requested more time to review newly disclosed evidence, which the Crown said was provided by RCMP.

Martell has been arraigned on charges of assault, unlawful confinement, and sexual assault. A publication ban prohibits the release of any information that could identify the alleged victim, and none of the charges have been proven in court.

Martell did not personally address the court during the brief appearance. No witnesses were called.

Relatives of the children were present in the courtroom, along with members of the public who have been closely following the case since the siblings were reported missing.

The court heard Martell is now formally represented by Nova Scotia Legal Aid, with defence lawyer Nick Holmes appearing on his behalf. Holmes told the court he has received a significant volume of disclosure, including the evidence collected by investigators, with additional materials provided as recently as Friday.

The defence requested an adjournment of at least a month to allow time to fully review the evidence before proceeding with a plea and mode of trial.

The case has been adjourned until May 4 at 9:30 a.m.

Police have said the charges are not related to the disappearance of six-year-old Lilly and four-year-old Jack Sullivan, who were reported missing from their home on Gairloch Road in Lansdowne Station, N.S., on May 2, 2025. Investigators have conducted multiple extensive searches for the siblings, but they have not been found.

Crown prosecutor Bill Gorman said the appearance was procedural.

“Nova Scotia Legal Aid New Glasgow is fully on the record representing Mr. Martell, and there was disclosure made, which would be a collection of the evidence that’s been gathered in this investigation to Nova Scotia Legal Aid,” Gorman said.

He added that the defence is continuing to review the materials, with further disclosure still being processed.

“Mr. Holmes with Nova Scotia Legal Aid is reviewing that disclosure, and there was additional disclosure provided to me today by the police that has to be reviewed and disclosed as well,” he said.

Gorman said the Crown proceeds only where there is a reasonable prospect of conviction and where it is in the public interest.

“Ultimately, the burden of proof in a criminal matter is proof beyond a reasonable doubt,” he said. “The evaluation that’s conducted by the Crown is to determine whether or not there is a reasonable and realistic prospect of conviction. That evaluation has been conducted and that exists. In terms of strength or weakness of the case, that’s a judicial function, not a Crown function.

“Obviously we wouldn’t proceed if we didn’t feel that there was reasonable and realistic prospect.”

He added public interest is considered but does not determine whether a prosecution moves forward.

“Reasonable prospect of conviction and public interest are significant and real factors that are always in consideration,” Gorman said. “The level of public interest does not dictate or determine whether or not a prosecution proceeds, but it’s certainly a factor.”

No further details were discussed in court.

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