Attempted murder-accused still seeks to be moved
A judge decided Wednesday she does not have the authority to grant a request from a man accused of shooting another man at a Water St. rooming house on March 10 to be moved to another jail closer to where his family lives.
Julian Graham, 36, who appeared in person Wednesday morning before Madam Justice Esther Rosenberg in Peterborough Ontario Court of Justice, seeks to be moved from Toronto South Detention Centre to Toronto East Detention Centre.
The man of no fixed address has seen his family, including his three children, once since he has been in custody, said summer law student R. Phillips, who represented lawyer John Fennel of Toronto firm Hicks Adams LLP.
The defence seeks a judicial order on compassionate grounds because the judge does not have statutory authority, Phillips said. Graham has requested the transfer at the jail, but it has not been followed up on by corrections officials, court heard.
Crown attorney Frank Schwalm said the ministry must have Graham housed there for a reason, although what it is was not immediately clear. The defence is not aware of why Graham is housed in the Etobicoke facility, Phillips said.
Rosenberg agreed with Schwalm, but said she also understands Graham’s view. The judge, however, questioned her authority on the issue.
“I think I’d be rather hesitant, without that (statutory) authority, to go down that road,” she said, asking if such an order had been made in other cases.
Counsel has established that the judge has neither authority or precedent, court heard, leaving the judge to decide she did not wish to “interfere” with the corrections system.
Phillips then pointed out that she had received different instructions from counsel and their client, so the matter was adjourned until Friday to re-address the issue. Graham will re-appear in person before Rosenberg in Courtroom 3 at 9:30 a.m.
The accused is also scheduled to appear for a preliminary confirmation hearing July 31 at the same time and same location.
A judicial pre-trial, which involves lawyers and a judge and generally aims to resolve legal issues before a trial begins, was held June 22.
The incarceration location issue first arose when Graham appeared May 31.
“I haven’t spoken with my children in a week,” he told Justice of the Peace Jane Moffatt, who then informed him she has no control over the issue.
The accused is not housed at Lindsay’s Central East Correctional Centre like most charged in this jurisdiction because of an issue he had there, Schwalm said that day.
The shooting was not random, police said. The victim was treated by paramedics and transferred to a Toronto hospital, where city police said he was in stable condition. A suspect was arrested in the Oshawa area on March 11 with help from Durham Region police.
Graham had attempted murder added to his list of charges in early April.
He is also charged with aggravated assault, pointing a firearm, discharge a restricted/prohibited firearm with intent, unauthorized possession of a prohibited or restricted firearm, possession of loaded prohibited or restricted firearm, careless use of firearm, weapon, prohibited device or ammunition, and firearm - use while committing offence, as well as three counts of possession of firearm or ammunition contrary to prohibition order.