Cape Breton Post

People pay price for bailing out family, friends

Sydney court orders five different people to forfeit $9,000

- news@cbpost.com

Family members and friends were ordered Monday to forfeit portions of the bail they posted after the people accused breached their release conditions.

Five individual­s, mainly family members, and one accused were ordered to pay a combined total of $9,000 and were each given one year to pay.

The Sydney office of the provincial Public Prosecutio­n Service has regularly sought forfeiture orders from those signing as a surety for an accused seeking to be released.

Prior to pledging cash or property, the Crown informs the person of their responsibi­lities, including that they must report any breach of the release conditions to police.

The person is also given the opportunit­y to seek independen­t legal advice.

In appearing in court prior to the release, a judge will reiterate the responsibi­lities of the person posting the surety, along with the option to seek independen­t advice.

The accused person is asked if they will adhere to the conditions and whether they know the consequenc­es of a breach include the possibilit­y of going back to jail, having new charges filed and having their surety lose a portion or all of the cash or property they posted.

Among the cases heard Monday, a woman who posted bail for Tyler Vital Giroux, 32, of Sydney, was ordered to pay $1,000 after Giroux committed various breaches of his conditions.

The woman, a seasonal worker and mother of a young son, was given one year to pay.

In another case, accused Charles Plowman, 49, of Sydney Mines, was ordered to pay $5,000, half of the $10,000 posted, after he breached his conditions by consuming alcohol.

A family member who also posted $1,500 was initially asked to repay $1,000 but Supreme Court Justice Robin Gogan reduced that amount to $500 and gave the mother of two children one year to pay.

In another case, prosecutor Peter Harrison requested two people each pay $1,000 after they posted bail for Joseph Earl Landry, 44, of Sydney. The court granted the request.

The father of Devon Carl Osmond, 35, of Florence, was being asked to forfeit $2,500 of the $5,000 he posted for his son’s release.

He explained to the court that he is only receiving a pension income and that he’s also lost cash and other items after his son and former girlfriend stole from him.

Standing before the judge in tears, the man explained that his son no longer lives in Nova Scotia and his son would not listen to his warnings not to violate his conditions.

The Crown reduced the amount to $1,500 but the court further reduced it to $500.

A second day of forfeit hearings is scheduled for today.

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