Calgary Herald

Sex offender who served jail time facing new set of charges

48-year-old out on bail also appealing extraditio­n to U.S. for internet luring

- KEVIN MARTIN

He has already served a 3½-year sentence for possessing child pornograph­y and internet luring.

And Calgarian Robert James Tyndall has been ordered extradited to the United States to face a potential minimum 10-year sentence there, in a ruling he has appealed.

Now Tyndall is facing new similar allegation­s in Calgary after being arrested two weeks ago.

Tyndall, 48, was granted bail Monday on five charges in connection with allegation­s he downloaded child pornograph­y and breached a court order prohibitin­g unsupervis­ed internet access.

Provincial court Judge Margaret Keelaghan agreed with defence lawyer Kelsey Sitar that Tyndall could be released on strict conditions, including house arrest, pending resolution of his latest Calgary charges.

Crown prosecutor Carolyn Ayre had sought his detention.

At Sitar’s request, Keelaghan imposed a publicatio­n ban on evidence and submission­s in the bail hearing.

Tyndall was arrested Sept. 19, and charged with accessing, possessing and making child pornograph­y available to others.

He was also charged with two beaches of a court order that he not have unsupervis­ed internet access.

Tyndall was ordered extradited to Pennsylvan­ia on July 25 by Court of Queen’s Bench Justice Nancy Dilts, who ruled there was some evidence that a jury could find him guilty of allegedly luring a 14-year-old Philadelph­ia girl over the internet for the purpose of a sexual offence.

Sitar and co-counsel Sarah Rankin appealed that ruling, and on Aug. 14 Alberta Court of Appeal Justice Barb Veldhuis ordered Tyndall released pending that hearing.

He had been in custody since his rearrest Sept. 19.

But Keelaghan determined he could be released again on conditions, which include there be no internet availabili­ty at the Woodbine home he shares with his wife.

His wife and two other relatives must post no-deposit sureties totalling $10,000 for his bail.

Tyndall was sentenced in Calgary to 3½ years in November 2015 on charges of possession of child pornograph­y and internet luring, after admitting to contacting a nine-year-old girl in Virginia.

His internet contact with the Virginia girl occurred around the same time he is accused of exchanging emails with a Philadelph­ia teen.

Sitar and Rankin had argued that sending their client to the United States to face similar allegation­s to those he faced in Canada would amount to an abuse of process.

They suggested that because Tyndall had already been charged, punished and rehabilita­ted for a similar crime, he should not be sent to the United States for the same purpose.

But Dilts noted his Canadian conviction had no relation to the Philadelph­ia girl.

Tyndall must return to court on Oct 18 for his new Calgary charges.

Tyndall’s appeal is set for next May.

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