Afternoon session in Pat King bail case getting under way again. Justice of the Peace Andrew Seymour re-iterates warning that live streaming is an offence that could result in fines or jail time.
J. Seymour now addressing the Crown application to re-open the hearing to introduce new evidence about King's ownership of a firearm.
"These go beyond what I consider non-controversial issues," he says. But allows there is very limited case law on re-opening bail hearings, because it rarely comes up and they are heard quickly.
"Mr King is not charged with firearms of offences of violence or threats," Seymour says, and notes King is not charged in relation to the end-in-bullets video. Feels this new information isn't that relevant. Also agrees Crown should have found this earlier.
Potential unfairness and delay outweighs its relevance, Seymour says. He notes the Crown can still move for a bail review. "The Crown's application is dismissed."
So Crown loses bid to re-open bail hearing but can still apply for a review. On to Seymour decision on bail. First, Karimjee says proposed surety was seen in background of one of the live streams, according to his investigator.
Justice of the Peace Andrew Seymour notes Crown bears onus to justify Pat King's continued detention, for protection of safety of public and substantial likelihood he would re-offend, and faith in judicial system.
Seymour shoots down issue of whether King is Indigenous, says no evidence before him of this, but notes he is always required to consider Gladue decision.
"More is required than a bare assertion of Aboriginal status," Seymour says. This wasn't a factor in bail plan presented by King.
Seymour describing the impact of the demonstrations as significant and serious, on residents, businesses and their employees.
Now recapping states of emergency and Emergencies Act in response to "unprecedented" demonstrations. "Thousands were held hostage by noise... there is evidence Mr. King was indifferent," cites King video laughing about the noise.
Evidence against King is "overwhelming," Seymour says but allows there are potentially triable issues based on Charter issues.
"Mr. King has a criminal record with [XX] convictions," Seymour says. [Again I can't recap this part.]
Seymour says, "evidence paints a portrait of someone who has clear intention to continue his protest and is indifferent to the consequences."
Seymour reading from transcripts of several King videos that suggest he is committed to the cause and can't be swayed. Some foul language, here.
Seymour also quotes from King's call to "regroup" at the Antrim truck stop, and the "solved with bullets" video.
"I am satisfied there is substantial likelihood he will continue committing offences," he concludes, but.... to the issue of whether risk to the public can be reduced, viz, the surety.
Seymour recapping evidence about Kerry Komix, the proposed surety and measures such as the GPS monitoring.
Seymour says the most substantial risk involves using his substantial social media following to continue the offences and that the GPS ankle bracelet won't stop that.
Regarding Komix's suitability to act as surety, and her involvement in the crypto fundraiser. He infers she's either involved, or can be manipulated into something, and neither is good in a surety.
Seymour notes that King himself has no financial risk if he breaches conditions, that it's all on Komix, who has known him for only four weeks but pledged half the value of her home.
So, Seymour doesn't think Komix meets criteria for a suitable surety. So that's out, but...
Now to weigh the balance with the loss of liberty caused by ongoing detention....
....with seriousness of the alleged offences, which Seymour notes carry comparatively low penalties.
Nevertheless, "The offences were an attack on the rule of law... extraordinarily serious and unprecedented," Seymour says.
Seymour addresses King's concern about COVID risk if detained: No evidence King suffers from medical condition that could put him at higher risk in jail. Seymour notes the irony of this claim.
"Mr King will be detained," Seymour says. No bail for Pat King.
Crown wants no communication order for Tamara Lich, Chris Barber, Daniel Bulford, George Billings, Chris Barber and Owen Swerderski (sp?)
Case will be back before court #14 on March 18, 1:30 pm, re Crown disclosure.
Hearing over. Pat King will remain in jail and be bound by a no-communication order. -30-
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