COURT OF APPEAL FOR ONTARIO

DATE: 20030203 DOCKET: M29304

RE: HER MAJESTY THE QUEEN (Respondent) - and - MOHAN RAMKISSOON (Applicant)

BEFORE: ROSENBERG, MOLDAVER and SIMMONS JJ.A.

COUNSEL: Irwin Koziebrocki and Tom Carey For the applicant Carol A. Brewer For the respondent

HEARD: JANUARY 29, 2003

RELEASED ORALLY: JANUARY 29, 2003

An application to review the decision of Justice Alan Whitten of the Superior Court of Justice denying bail on November 5, 2001.

ENDORSEMENT

[1] Whitten J. refused to release the applicant because he was not satisfied that the applicant had shown that his detention was not justified on the primary ground in s. 515(10)(a) of the Criminal Code.

[2] Since that bail hearing there have been important changes in the circumstances including the following:

(1) The charge has been reduced at the preliminary inquiry to second degree murder.

(2) It is now clear that the applicant’s attempts to enter the United States in July 2000, were with the permission of the police.

(3) As disclosed at the preliminary hearing, the Crown’s case is by no means overwhelming.

(4) After the June 2001 arrest the applicant was at large for almost two months without incident and during that time he cooperated with the police.

(5) The applicant has a place to stay and substantial sureties.

(6) The trial date seems to be many months away and the trial is expected to take several months.

[3] For all of these reasons, we are of the view that this is a proper case to grant the applicant’s release. We are satisfied that the applicant has met the onus on him to show why he should be released and accordingly, the application is granted and the applicant shall be released on the conditions set out in the draft order.

Signed: “M. Rosenberg J.A.”

“M.J. Moldaver J.A.”

“J. Simmons J.A.”