Trafficking suspect released on bail

In a decision at Yorkton Provincial Court April 10 that surprised the Crown prosecutor, Judge Patrick Koskie released one of the defendants arrested in a five-month, multi-agency operation that targeted cocaine trafficking on $500 bail and conditions.

Thomas Stephenson, 29, had been on remand in Regina Correctional Centre since his arrest March 13 because he was already on a conditional release facing trafficking cocaine and dilaudid charges in Regina.

At a bail hearing last Wednesday, the Crown, represented by Shane Wagner argued the young man should be denied release on all three grounds available to the Court.

Although defendants in Canada are guaranteed the presumption of innocence and the right "not to be denied reasonable bail without just cause," judges have the discretion to detain suspects on the primary ground the accused is a risk not to attend court proceedings, on the secondary ground of protecting the public from the accused re-offending or on the tertiary ground that it will undermine public confidence in the administration of justice.

Wagner argued Stephenson's prior history of failure to attend court and other breaches of court orders satisfied the primary ground. On the secondary ground he pointed out Stephenson was arrested for allegedly trafficking drugs while already on release facing similar charges and thus posed a danger of re-offending.

Finally, he said, the gravity of the charges and strength of the Crown's case-which the judge even admitted "doesn't get much stronger than that"-justified remand on the tertiary ground.

"In the interest of justice, if you don't hold this prisoner, I don't know which prisoners you would," Wagner said.

He also noted a bail verification report presented to the court was not favourable.

Defence counsel David Bright, however, had lined up a strong bail case. He presented a letter to Court from a member of the Cote First Nation who was willing to take Stephenson in and called four witnesses including a band councillor, a member of the justice committee and a member of the police management board. All attested to the community's willingness to welcome the defendant, monitor his behaviour and provide healing and rehabilitative services.

They also painted Stephenson as an asset to their community and a role model for their children because of his involvement with the Cote Selects hockey program and his success as a hip hop and rap musician.

Appearing by video from Regina, Stephenson also testified on his own behalf saying he was looking forward to working toward personal betterment and that of his community.

Before ruling, Koskie decided to adjourn the morning session until after lunch saying he didn't want to make a decision "off the cuff." He acknowledged the Crown's arguments were strong, but said, "the amount of community support is persuasive as well."

Following the break, Koskie once again admitted the significance of the charges and the strength of the Crown's case were compelling. He said after reading the bail verification report in the morning, "I was not going to let you out."

Ultimately though, he said he was satisfied that, with the support of the Cote community and his own ability to impose electronic monitoring and other conditions, Stephenson was unlikely to miss court, reoffend or interfere with the administration of justice.

He added that if the community says they will take care of it, "I will trust them."

Before letting the prisoner go, however, Koskie admonished him saying, "read my lips, this morning I was not releasing you in any way, shape or form. Do not make any mistakes."

Leaving court, Wagner was shocked.

"I did not expect that at all," he said.

While on bail, in addition to the standard mandatory conditions and electronic monitoring Stephenson must not possess or use alcohol or drugs and is banned from possessing or using any form of electronic communications device. His next appearance in Yorkton court is scheduled for April 29.

If ultimately convicted, he will face a mandatory minimum sentence of one year in prison because of a prior drug conviction in 2009.