Cape Breton Post

Aggravated assault on a senior

Bail hearing set for accused charged with beating 81-year-old man

- BY CAPE BRETON POST STAFF

A 23-year-old Reserve Mines man is to return to provincial court Friday for a bail hearing after being charged with beating an 81-year-old man deemed incompeten­t to care for himself.

Darren Joseph MacGilliva­ry of Neville Street is charged with aggravated assault in connection with the physical attack that occurred Monday morning outside the Jacques Cartier Hotel on Grand Lake Road.

Cape Breton Regional Police reported Tuesday they received a call to the scene with a report of an injured man on the ground in the motel parking lot.

The 81-year-old complainan­t was transporte­d to the Cape Breton Regional Hospital and a short time later airlifted to Halifax for further treatment of non-lifethreat­ening, but serious, injuries to his face.

MacGilliva­ry was arrested at the motel at about 6:30 a.m. Monday.

He made his first provincial court appearance Tuesday during which special prosecutor Sheldon Nathanson said the Crown was objecting to his release. He said the Crown would be prepared for a bail hearing Friday.

MacGilliva­ry responded by saying he has a full-time job and needed to be released to also care for his daughter.

Under Canadian law, the Crown has three days in which to hold a bail hearing. The time frame does not include the day the accused was arrested, holidays or weekends.

As he was being led out of the courtroom by sheriff deputies, a displeased MacGilliva­ry took a verbal swipe at Nathanson.

“F… you Nathnason, you f…in’ piece of sh..,” said MacGilliva­ry.

Outside the court, Nathanson said such comments have no effect on him as he hears such remarks nearly every day.

The complainan­t was the subject earlier this year of a police alert.

The man had been reported missing after having not been seen for a week. Shortly after police issued the alert, the man was located in the Grand Lake Road area.

The man has been deemed an adult in need of protection and was staying at the motel under the guidance of the provincial Department of Community Services.

A department spokespers­on was unable on Tuesday to provide an immediate comment on policy and procedures when housing such individual­s in public places.

 ?? CAPE BRETON POST PHOTO ?? Sheriff deputies escort Darren Joseph MacGilliva­ry, 23, to a transport van Tuesday after he appeared in provincial court on a charge of aggravated assault in relation to the beating of a 81-year-old man. He will return to court Friday for a bail hearing.
CAPE BRETON POST PHOTO Sheriff deputies escort Darren Joseph MacGilliva­ry, 23, to a transport van Tuesday after he appeared in provincial court on a charge of aggravated assault in relation to the beating of a 81-year-old man. He will return to court Friday for a bail hearing.

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