The accused, Danik Ballabey, applied for a review of a detention order made by a Justice of the Peace, who had found his detention necessary on tertiary grounds.
The Crown conceded a material change in circumstances due to the accused's lengthy pretrial custody (over 15 months), which had reached a "time served" position relative to a potential resolution proposal.
Despite the seriousness of the charges (drug trafficking and possession of a modified, prohibited firearm), the court concluded that the continued detention of a presumptively innocent individual to a "time served" disposition erodes public confidence in the judicial interim release regime.
The bail review was granted, and the accused was released on a recognizance with conditions, including house arrest supervised by five sureties.
