Man, 78, accused in 1997 death of brother denied bail
Joseph George Thauberger, accused in the cold case homicide of his brother Patrick Cyril Thauberger, has been denied bail.
Court of Queen's Bench Justice Neil Robertson heard lengthy arguments from Crown and defence counsel in the case on Dec. 17 and 18. He then reserved his decision.
On Christmas Eve, Robertson provided his decision to counsel, denying bail to the accused, who is 78 years old.
Reasons for the decision, as well as details of submissions provided at the hearing, cannot be reported because of a court-imposed publication ban. Such bans are commonplace at the bail hearing stage.
Joseph George Thauberger is accused of first-degree murder and offering an indignity to human remains in connection with the September 1997 death of 53-year-old Patrick Thauberger. Joseph Thauberger is additionally charged with uttering threats to a woman between 1997 and 2014.
According to previously reported information, Patrick was reported missing in September 1997, a number of days after he'd stopped in Regina to see family. The St. Albert, Alta.-based clinical psychologist had taken a pair of cars to auction in the United States and stopped to see family on the way down and again on the way back.
Joseph told the Edmonton Journal in 2006 that he'd dropped Patrick off at the Regina bus depot on Sept. 3, 1997. Patrick never got on the bus.
A police investigation was launched in September 1997, but the file eventually landed with the Regina Police Service's cold case unit.
Twenty-three years passed before city police announced a major break in the case, reporting they'd laid charges against Joseph. A few days later, police said they'd discovered what they believe to be the remains of Patrick at an undisclosed rural location.
According to Patrick's estate documents — also previously reported on — the two brothers each owned numerous pieces of land, which were being managed by Joseph.
As Patrick had no wife or children, his estate — estimated at more than $520,000 — was to pass to five siblings, Joseph among them. In 2014, the siblings sought and were granted a court order legally pronouncing Patrick dead under The Missing Persons and Presumption of Death Act. At that point, once any outstanding debts were cleared, the remaining estate was to be equally divided between the siblings.
It was determined between the siblings Joseph would continue to manage Patrick's land.
Under the Criminal Code of Canada, the Crown ordinarily bears the onus to show why the detention of an accused person is necessary while his or her charges remain before the court. Certain serious charges — murder among them — bring a reversal of that onus, meaning accused murderers are required to show the court why they may be released.
In any bail matter, regardless of type of charge, judges may consider several grounds, according to the Criminal Code: whether an accused is likely to attend court if released; whether an accused is likely to commit another offence; and whether an accused's detention is necessary to maintain public confidence in the justice system.
Joseph's defence lawyer Tony Merchant previously said he is concerned for his client's health if he remains in custody.