A Yorkton man currently awaiting trial for an aggravated assault that left another man paralyzed was back in court March 8 for breaching conditions of his original release.
Kim Madsen faced a bail hearing Monday after police picked him up at Brown’s Social house Thursday night and was released again on $1,500 bail.
In September at the City Limits Inn, Madsen allegedly assaulted Dennis Peepeetch. Peepeetch, who already suffered from back problems had to be flown to Regina where he spent several months in intensive care. He is now been returned to the Yorkton Regional Health Centre and remains paralyzed from the chest down.
The Crown, represented by Andrew Wyatt, opposed his release on the secondary ground that he is a danger to reoffend based on the severity of the original alleged offence and that he was drunk while on conditions to not consume alcohol and not be in a bar.
The prosecutor also argued the tertiary ground that releasing Madsen would undermine public trust in the administration of justice. Wyatt cited the Supreme Court decision in R. v. St. Cloud that the tertiar ground must be considered on par with the other two. He said the severity of the original offence, the strength of the Crown’s case and the likelihood of a lengthy prison sentence should Madsen be convicted, along with a negative bail verification report, justified the defendant’s remand in custody.
The Crown conceded the primary ground, that Madsen would be a risk not to appear for future court proceedings, on the basis the defence, represented by Shane Wagner for David Rusnak, was willing to post bail.
Wagner argued the breach was on the lower end of the scale and Madsen’s complete lack of criminal record and lack of previous breaches negated the Crown’s arguments on the secondary and tertiary grounds.
Wagner also argued that his client’s personal circumstances such as full-time employment, lack of record and a stable place to live made him a good candidate for release.
After weighing the submissions, Judge Patrick Koskie sided with the defence saying the overriding tests were the primary and secondary grounds and he was satisfied the defence met the onus, although he told the accused it was a “close call.”
Madsen was released on the $1,500 bail with statutory conditions plus living at an approved address, observing an 11 p.m. to 6 a.m., presenting himself to authorities on demand, abstaining from alcohol and non-prescription drugs, particpating in assessment and treatment for addictions, not having possession of weapons and not having contact with Peepeetch.
