COUNTY - The man accused of first-degree murder in the shooting death of his estranged wife outside a New Germany grocery store isn't yet well enough to attend court to answer to the charge.

 Authorities aren't sure when he will be.

 Wayne Paul Eisnor's name was back on the provincial court docket in Bridgewater September 1, but the 47-year-old Barss Corner man wasn't there.

 Crown attorney Lloyd Tancock told the court Mr. Eisnor remains in a Halifax hospital under guard.

 At one point the previous day, Mr. Tancock said he'd been told that Mr. Eisnor would be escorted to court. He then received a second phone call notifying him that was not the case.

 "There is an issue of fitness as a result of his condition," Mr. Tancock told Judge Richard MacKinnon.

 Mr. Eisnor is accused of shooting his estranged wife, Tina Mae Eisnor, in a van outside Barry's Fresh Mart in New Germany on June 30. She died that night in hospital.

 Witnesses indicated Mr. Eisnor shot himself in the head after shooting his wife. He's been in the QEII Health Sciences Centre since that date.

 The court case has been delayed on two previous occasions awaiting word on his condition. So far, Mr. Eisnor has not even had a lawyer appear in court on his behalf.

 Mr. Tancock said Nova Scotia Legal Aid is waiting "in the wings in the event they are required."

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 The Crown attorney said he's not clear about Mr. Eisnor's situation, but feels something has to happen soon. He's instructed the police to subpoena the man's primary caregiver so Mr. Eisnor's fitness to stand trial can be determined.

 The case had been adjourned until September 29 for that to happen.

posted on 09/07/10