Eastern Shore man denied bail pending appeal
A Nova Scotia Court of Appeal judge has rejected an Eastern Shore man's application for bail pending an appeal of his convictions and sentence for domestic violence.
Andre Arron Gerrard, 40, of Spry Harbour was found guilty at trial in Dartmouth provincial court in November 2019 of abusing his former common-law spouse over a period of more than seven years.
He was sentenced this October to 30 months in prison on 13 charges, including pointing a rifle and other firearm-related offences, uttering threats, assault causing bodily harm, assault, property mischief and criminal harassment.
In a notice of appeal filed last month, Gerrard claimed the verdicts were unreasonable and were not supported by the evidence. He is asking the Appeal Court to set aside his convictions and replace them with verdicts of not guilty or order a new trial. If his convictions stand, he wants his sentence reduced.
Gerrard then applied for bail pending the outcome of his appeal, which is scheduled to be heard in June.
At a hearing on the bail application Tuesday, Gerrard's parents, who live next door to him, offered to act as sureties and pledge their home to secure his release. The plan proposed by Gerrard included house arrest, with an exception to allow him to go lobster fishing in the spring.
Crown counsel Jim Gumpert opposed the application, saying the bail plan would not adequately protect the victim.
The woman told Judge Jean Whalen at sentencing that she will be looking over her shoulder in fear of Gerrard for the rest of her life.
Gumpert said the facts as found by the judge at trial were “horrific” and the woman has good reason to be fearful of Gerrard.
The Crown attorney questioned Gerrard's parents' ability to enforce any release conditions.
“The court should be very leery ... about releasing him,” he argued.
Gumpert pointed out that after Gerrard was charged with abusing his ex in the fall of 2017 and ordered to stay away from her, he smashed her laptop and cellphone and breached the conditions of an undertaking to a police officer by repeatedly contacting her.
Gerrard was arrested on mischief and breach charges and released on a recognizance with his father as surety. He pleaded guilty to those charges in Pictou provincial court in 2018 and received a conditional sentence and probation.
Gerrard admitted in testimony Tuesday that he never told his parents about the guilty pleas.
Gumpert said the fact that Gerrard kept that information from his parents calls their relationship into question.
Gerrard also faces four new charges involving his former partner: uttering threats, intimidation of a justice system participant and two counts of breaching release conditions. RCMP allege those offences were committed Aug. 29, about five weeks before Gerrard received his current sentence.
Justice Anne Derrick asked Gumpert what she should make of those charges, given that Gerrard is presumed innocent until proven guilty. She said he was on house arrest for almost three years before he was sentenced.
“It's a sworn allegation that something occurred, and has to be dealt with in the court system,” Gumpert replied.
He said the allegations should weigh on the judge's mind as she considered releasing Gerrard.
“It's not just the fact that he has been convicted in the past of breaching a written police undertaking," Gumpert said. "Now he's alleged to have committed this new offence ... while he was on a recognizance with one of the sureties who is proposing to be his surety today.”
If the allegations are proven, “it would be extraordinarily serious,” Gumpert said. “It would be a ... flouting of the law.
“I would hope that the court would be very sure that they're not making a mistake by releasing him.”
Ian Hutchison, Gerrard's lawyer, questioned the timing of the new charges. He said the proposed release plan addressed the heart of the issue — whether detention is necessary for the interest of the public.
“We have two parents who are willing to pledge their family home; that is their principal asset,” Hutchison said. “Kathy Gerrard was quite forthright in terms of what she said: ‘ I have trust in him. I wouldn't be pledging this property unless I had confidence in him.'”
Derrick returned to court about 90 minutes later and said she was dismissing the application. She said she would be providing a “fulsome” decision in writing so Gerrard can understand the reasons for her ruling.
“I found this to be a very difficult case, and I'm not reluctant to say that,” Derrick said.
“I would hope that the court would be very sure that they’re not making a mistake by releasing him.” Jim Gumpert Crown counsel