Bail amounts forfeited after accused breach conditions
Three Cape Breton men who breached their bail conditions, including one whose charges were subsequently dismissed, were each ordered Thursday to forfeit all or a portion of their bail amounts.
Despite none of the individuals being present in court for the forfeiture hearings, Supreme Court Justice Patrick Murray proceeded, noting he had received confirmation that each were properly served with the notice of hearing.
Chris Hanson, spokesperson for the provincial Public Prosecution Service, said of the 19 service offices across the province, Sydney is the leader when it comes to consistently holding offenders, and those who sign to bail them out, accountable for their actions.
Prosecutors, defence lawyers, judges, and court administration staff all advise offenders and their sureties that any breach of conditions could result in all or a portion of the bail being forfeited to the Crown.
“This shows the importance and seriousness one has to take into consideration when becoming a surety,” said prosecutor Christa MacKinnon, who represented the Crown at Thursday’s hearing.
She said release orders should bind the consciousness of both the accused and the surety, adding if it doesn’t, then the finances of loved ones are in jeopardy.
In the majority of bail cases, it is family members, from grandparents to parents and siblings, who sign on as sureties.
They put up cash or property, everything from the family car to furnishings, the home and cottage, in a bid to guarantee the release of an accused.
However, the surety is also agreeing to report any violation of the conditions to police and when they don’t, they run the risk of losing all or a portion of what they offered for security.
In the case of Eric Gordon Fraser, 28, of Sydney, Murray ordered he forfeit the $1,100 that he posted in cash bail to twice secure his release.
Fraser was found in breach on two occasions by failing to abstain from alcohol and drugs and with failing not to associate with anyone with a criminal record.
For the sister of John Garfield Hall, 29, of Glace Bay, a breach means she now loses $250 of the $500 she posted to secure her brother’s release.
The breach involved Hall contacting an individual he was ordered to stay away from.
MacKinnon recommended the court only seize $100 as the sister did report her brother’s breach but Murray said the amount was not sufficient to send a strong message and ordered half of the bail amount be seized.
The mother of Charles Michael Hogan, 52, of Scotchtown, posted $4,000 to secure his release while Hogan posted $1,000.
Murray ordered Hogan pay $2,000 and the mother to pay $2,000 in connection with two breaches in which Hogan failed to abide by the residency clause of his conditions.
The charges against the accused were later dismissed.
Murray said the mother failed to notify police that her son was not staying where he was ordered to live. Hogan turned himself in three days after the incident.