The Chronicle Herald (Metro)

Eastern Shore man denied bail pending appeal

- STEVE BRUCE THE CHRONICLE HERALD sbruce@herald.ca @Steve_courts

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

 ?? FACEBOOK ?? Andre Arron Gerrard, 40, of Spry Harbour has been denied bail pending an appeal of his conviction­s for domestic violence and the 30-month sentence he received in October.
FACEBOOK Andre Arron Gerrard, 40, of Spry Harbour has been denied bail pending an appeal of his conviction­s for domestic violence and the 30-month sentence he received in October.

Newspapers in English

Newspapers from Canada