The applicant, M.K., sought a review of his detention order, which was initially based on secondary and tertiary grounds.
The bail review was conducted via audio conference due to the COVID-19 pandemic.
M.K. faced serious drug trafficking and firearm charges, had a criminal record including prior trafficking convictions and failures to comply with court orders, and was on probation and a firearms prohibition at the time of his arrest.
A new bail plan was proposed, including M.K.'s mother as an additional surety and a GPS monitoring bracelet.
The court found a material change in circumstances, allowing for a de novo hearing.
While the primary and secondary grounds were mitigated by the strengthened bail plan and strong family ties, the tertiary grounds initially favored detention due to the seriousness of the charges and M.K.'s criminal history.
However, M.K.'s specific health vulnerability (prior spontaneous pneumothorax) combined with the heightened risk of COVID-19 transmission in custodial facilities, and the robust bail plan, ultimately led the court to grant release.
The court emphasized that absent M.K.'s particular health vulnerability, the tertiary grounds would have mandated detention.
