BRIDGEWATER - The Bridgewater woman accused of first-degree murder in the death of her 12-year-old daughter has waived her right to a preliminary hearing and moved the case to the Supreme Court.

 Penny Patricia Boudreau was not in Bridgewater provincial court October 22, but her lawyer appeared on her behalf. Pat Atherton told Judge Anne Crawford he was waiving his client's right to a preliminary, but later whisked by reporters without explaining why.

 The decision moves the case to the Supreme Court, where it is now scheduled for December 4. Whether Ms Boudreau will appear that day remains unclear.

 Because she faces a charge of first-degree murder, the case is automatically scheduled for trial before a judge and jury unless the defence and Crown agree to a change.

 Speaking after court Wednesday, Crown attorney Paul Scovil said the defence decision to waive the preliminary hearing is not that unusual.

 "It's a defence matter. Generally, a preliminary might be waived because they are satisfied that the test that we have to put to the court at a preliminary hearing would be satisfied at that level and that it would be put over to Supreme Court for trial. It's a very low test," the Crown attorney said.

 "As well, with the disclosure methods that we have these days, defence has a significant disclosure. They may not need to question any of our witnesses. They may feel comfortable with what they have as far as what they would learn through a preliminary process," he added.

 A trial date may or may not be set when the case is next before the court.

 "At that point, on December 4 when it's been set, we'll be looking at either trial dates or further dates for whatever preliminary motions might be heard and things of that nature," Mr. Scovil said.

 Meanwhile, he added, discussions between the Crown and defence are continuing.

 "On any of these type of matters there's always talk between defence and Crown as to dates, where we're going, preliminary matters, disclosure issues and things of that nature, so there's always communication between the defence and Crown," he said.

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 The Crown attorney would not say if there's been any discussion about a possible guilty plea.

 Ms Boudreau, 34, remains in custody at the Burnside correctional centre where she has been since her arrest in mid-June.

 She reported 12-year-old Karissa missing on January 27. She made two tearful pleas to the public for assistance in finding her daughter before the girl's frozen body was then found on the bank of the LaHave River on February 9.

 Police have not revealed the specifics of how she died, but court documents suggest they believe it happened on the day she was reported missing.

 Ms Boudreau claimed they'd argued and she'd left Karissa in the car at the Bridgewater Mall while she went inside. She said when she returned, her daughter was gone.

 The charge of first-degree murder implies the death was planned and deliberate.

posted on 10/28/08