In Estevan provincial court on Dec. 12, Roche Percee resident Kevin Jahn was in custody facing charges of fraud after he stole a credit card and then purchased a number of goods at several stores in Estevan.
He is also charged with breaching a probation order and breaching the conditions of an undertaking. Crown prosecutor Mitch Crumley said he would be proceeding by indictment on the new charges and planned on revoking a previous release.
A bail verification report was ordered for Jahn to explore a possible residence for him, pending his release, and to look into electronic monitoring. He was remanded to Dec. 19.
One of the accused in a recent home invasion in Estevan made an early court appearance on Monday. Though she wasn't present, Ayla Schachtel's Legal Aid lawyer Robert Grimsrud asked that a bail verification report be completed for her. She remains in custody and the report will look into the possibilities of electronic monitoring, should she be released. Her next appearance will be Dec. 19 for a show-cause hearing.
In other court proceedings on Monday, three men accused of drug trafficking may file a charter application because they say they haven't received disclosure in a timely manner.
The lawyers for Mondir Minouche, Maluak Athel and Deutong Athel appeared in court prior to an expected preliminary inquiry on Dec. 16. They were arrested in September 2010 for the charges, but their lawyers say they have yet to receive some key pieces of disclosure from the Crown and cannot be prepared for the hearing.
Representing Maluak, Lori Dunford said she has not been responded to after making requests for further disclosure. She added that the defence is still waiting on handwritten officers' notes.
Deutong's lawyer Jeff Deagle said the missing disclosure is the "foundation" of the Crown's case, with information about why the three men were arrested and detained. He said there has been an "egregious breach of (the accused's) charter rights."
David Hickie is representing Minouche and echoed the same concerns, particularly in regard to the length of time it's taken to receive disclosure.
Dunford became attached to the matter in June, when she first filed a request for disclosure. Federal Crown prosecutor Stephen Dribnenki noted that where handwritten notes are missing, typed notes have been provided to the defence.
Since the matters are set to be dealt with in Court of Queen's Bench, Dunford said she will be requesting a production date for disclosure through that court in January. The accused will be back in court on Jan. 12 to set a new date for a preliminary inquiry.
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Three youth charged with arson had been rounded up by the Estevan Police Service and were in custody in Estevan provincial court on Dec. 8 after they had breached conditions of their previous release.
A 15-year-old youth, who is accused of being involved in one fire-starting incident, was released on conditions, which included a curfew and a provision that he is not to possess a lighter or matches. He will next appear on Jan. 16.
The Crown, however, objected to the release of the two 14-year-old males. They are both facing three counts of arson and were involved in a crime spree in October that led to golf carts being set on fire and damage to a City of Estevan fence. The youths were released from custody after arrests were made for the alleged crimes in October.
One 14-year-old male, who has been arrested and released again since that time, was remanded in custody until Monday. During Monday's proceedings, he entered guilty pleas to most of the charges against him. He pleaded guilty to arson, theft, break and enter, three counts of mischief and breaching court-ordered conditions, as well as uttering threats. Another arson charge was stayed by the Crown.
A pre-sentence report was ordered, and the youth was remanded in custody until sentencing, which is expected on Dec. 22.
The other youth was released Dec. 8 following a show-cause hearing. A publication ban was ordered for the details of the hearing. His next appearance in court will be on Dec. 22.
A 16-year-old was also remanded in custody on Dec. 8. The youth pleaded guilty to all of the 15 charges he was facing, which included assault, break and enter, and a number of breaches. As part of the pleas, the Crown stayed a few of the breaches and a resisting arrest charge. One of the break-and-enter charges was changed to a charge of mischief relating to religious property, which the youth pleaded guilty to.
Legal Aid lawyer Robert Grimsrud represented the youth and asked that a pre-sentence report be ordered. The youth will remain in custody until Dec. 22, when sentencing will go ahead.
Another 16-year-old male youth was in custody last week. He was arrested for breaching conditions of a curfew, and while the Crown was open to his release, he's been remanded a number of times because he has nowhere to go. He was arrested for breaching conditions after being kicked out of his house and isn't welcome back there. Youth services has been trying to arrange for an appropriate home so he could be released, but Grimsrud noted that "there really isn't any other family member to take him in."
There is one place that Grimsrud said his mother wished him to stay, and that is at a house with his 17-year-old brother. During a previous appearance Judge Karl Bazin rejected that idea, saying, "I wouldn't approve those two together."
Grimsrud told presiding Judge James Benison that they have exhausted their resources and now the youth has been sitting in custody for 10 days.
"Obviously the options are limited in this case," said Benison, and approved the youth's release to his brother's residence in Estevan. A curfew will remain in place for the youth from 9 p.m. to 7 a.m. and his next court appearance will be Dec. 22.
