Two Yorkton-area brothers accused of a three-month crime spree involving numerous break and enters from the Wadena area to the Esterhazy area, and including Yorkton, have been released from custody.
Mackenzie Johnson and Samuel Johnson made their first appearances in Yorkton Provincial Court November 25. Both men faced one count of break and enter and steal a firearm, seven counts of break and enter and commit an indictable offence and three counts of break and enter with intent to commit an indictable offence.
Additionally, MacKenzie had three charges of possession of the proceeds of crime while Samuel had two counts of theft, two counts of mischief and one count of illegal possession of a firearm.
Both men had bail hearings scheduled for November 30.
In the interim, police laid a number of new, similar charges against the defendants including another count of break and enter and steal a firearm for each.
At Samuel’s bail hearing Monday morning, prosecutor Todd Wellsch withdrew three charges including break and enter and steal a firearm and possession of a firearm. He nevertheless argued that the sheer number of charges, the length of time over which they were allegedly committed and the broad geographical area they covered were justification to deny release on the secondary ground that the 18-year-old represented a high risk of reoffending.
Legal Aid counsel Ransiri Fernando argued his client had a constitutional right not to be denied reasonable bail without just cause and that conditions could be attached to Samuel’s release to allay the Crown’s concerns.
Before considering Samuel’s situation, Judge Ross Green asked if Wellsch wanted to deal with Mackenzie as well. The prosecutor declined saying the decision on Samuel’s release might influence how the Crown would approach MacKenzie’s case.
Ross adjourned for 20 minutes to consider his ruling. On his return, the judge sided with the defence releasing Samuel with the statutory conditions plus several others. These include: residing at an approved residence, observing a 24-hour curfew, presenting himself as required to authorities checking for compliance, abstaining from alcohol and non-prescription drugs, having no contact with MacKenzie and four other co-accused and to seek employment or educational opportunities.
The judge also imposed a firearm prohibition.
In light of the decision on Samuel, Wellsch advised he would not oppose MacKenzie’s release and would work out conditions with the defence over the lunch break.
After lunch, MacKenzie was also freed with virtually identical conditions.
There are several other co-accused in some of the incidents who have also appeared in court, but cannot be named because they are minors.
The evidence presented at the bail hearings of the Johnsons are also subject to a publication ban.
