A judge has denied bail to a Yorkton man accused of armed robbery.
Troy Mamchur faces four charges including break and enter, robbery, possession of a weapon for a dangerous purpose and possession of break and enter tools.
On September 19, the Court heard that on the night of August 28 a man with a white and blue tea towel tied around his face as a disguise, broke into Scoops, the ice cream stand on Broadway Street, and demanded money.
He fled on foot. Both the employee and another witness told police they saw the same man walking down the street 10 minutes later based on the shorts and flip flops he was wearing.
A police investigation using dogs turned up a number of items consistent with the alleged crime including a white tea towel, gloves and a knife in some bushes nearby. The investigation led them to Mamchur, whom the prosecutor said had been drinking that night in a nearby bar.
Prosecutor Todd Wellsch opposed the defendant’s release mainly on the secondary ground that it is necessary for the protection of the public. Wellsch cited a recent criminal record that included a June 2015 assault and a September 2015 breach of the resulting conditional sentence. He also noted a bail verification report did not recommend release.
The defence, led by public defender Silvia Suman, suggested concerns on the secondary grounds could be overcome by posting cash bail and electronic monitoring.
She also attempted to undermine the reliability of witness statements noting it was likely pretty dark at the time and neither witness had seen the alleged perpetrator’s face or described any unique physical characteristics. She also noted alleged inconsistencies in police officers’ notes.
This line of argument pertains more to the tertiary ground that takes into consideration the impact of release on the court’s reputation based on the strength of the Crown’s case and the likelihood of significant incarceration if a defendant is convicted.
Ultimately, Judge Patrick Koskie was concerned by the freshness of the accused’s criminal record and the seriousness of the current charges. He said it was a tough call for him, but at the end of the day based on the seriousness of the crime and Mamchur’s history of non-compliance with court-imposed conditions, he was satisfied the Crown had met the onus for remand.
Suman requested and was granted an adjournment until October 5 to consult with her client.
