Forfeitures ordered after bail breaches
‘Think twice before you agree to be a surety again’
While it was costly advice, it accented what defence lawyers, prosecutors and others in the court system, including judges, routinely tell those wanting to post bail for another individual.
“Think twice before you agree to be a surety again,” said Supreme Court Justice Frank Edwards, in ordering a Westmount woman to forfeit $500 of $1,000 she posted for George Thomas Brenton.
Brenton, 66, was released on $2,000 bail in November 2015 and in February 2016 was found to be in breach of the residence conditions that demanded he present himself to police when they come to the home for a random check.
Brenton’s conditions allowed him to stay at two addresses — one in Sydney and one in Westmount — and when police were unable to locate him at either address, he was charged with a breach.
The woman explained she felt she did her part, noting that at the time Brenton was living at the Sydney address.
But prosecutor Peter Harrison said the woman made no attempt to contact police or probation to report that Brenton was not living at the Westmount address.
While the Crown recommended forfeiting the entire $1,000, Edwards reduced the amount to $500.
It was another $500 win for the province in the case of Edwardsville resident Gary Robert Boudreau, 33, who breached his release conditions by failing to report to probation services and with failing to abide by the residence requirements.
His mother posted $1,000 in cash bail and Edwards ordered that $500 be forfeited.
Two other accused who posted their own bail, Neil MacNeil and Peter John Dixon, 28, of New Waterford, did not attend the forfeiture hearing. The court ordered MacNeil to forfeit $1,000 while Dixon is to forfeit $500.
For 29-year-old Stanley Evan Radman, of North Sydney, the forfeiture hearing could have meant the loss of $1,000 in cash plus $5,000 in personal property, including his car.
In a June 2016 recognizance, he was ordered to live at a North Sydney address but on three separate occasions, police were unable to locate him at the address.
“I know I messed up but I need one more chance,” said Radman, pleading to Edwards not to seize his vehicle.
“He knew the jeopardy in signing the recognizance and bail needs to have consequences,” said Harrison, in urging the court to seize the entire $6,000.
Radman, who is currently serving a jail sentence on weekends, said he is making strides to turn his life around and needs his car to get to school and to participate in other programming.
Edwards said he would give Radman “a little break” and ordered the seizure of the $1,000 in cash.
“Don’t expect any sympathy in the future,” cautioned the judge, stressing Radman needs to understand that bail breaches will have consequences.
A person signing as a surety is responsible to ensure the offender abides by all the conditions. Should that individual fail to report an offender’s breach, they stand to lose part or all of what they posted for bail.