Crown wants bail revoked for murder suspect Ledesma

Murder suspect Kyle Ledesma remains free, as the Alberta Court of Appeal on Tuesday reserved its decision on whether his bail will be revoked pending a retrial.

Crown prosecutor Sarah Clive argued that Court of Queen’s Bench Justice Kristine Eidsvik erred in July when she determined there were new circumstances for her to consider in Ledesma’s case.

Eidsvik reversed an October 2017 decision of Justice Michele Hollins to order Ledesma detained until he stands trial a second time in the shooting death of a Calgary bartender.

Under the Criminal Code, a judge may reconsider a bail decision from another judge of the same court if there’s a material change of circumstances.

Eidsvik agreed to release Ledesma when his lawyer argued he could be monitored through a GPS ankle bracelet and sent to a recovery program.

But Court of Appeal Justice Peter Martin questioned whether those facts were changes in circumstances, or part of a defence strategy.

“I see this as a change in strategy, not a change in circumstances,” Martin said, suggesting lawyers could endlessly tie up courts by making further concessions for their clients to get new hearings.

“If Justice Eidsvik had said ‘no’ (what’s to stop counsel from saying) let’s throw in some more terms and go to a third judge?” he asked defence counsel Pawel Milczarek.

The three-member appeal panel did not give a date for their decision.

Ledesma is charged with seconddegree murder in the Nov. 27, 2010, shooting death of Dexter Bain in a botched robbery.

He was convicted by a jury in 2015 but the Court of Appeal ordered a new trial in April 2017, ruling the trial judge made errors in allowing the Crown to call certain evidence.

His retrial begins Jan. 14.