ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 7423/13

DATE: 2015-11-25

BETWEEN:

HER MAJESTY THE QUEEN

– and –

ERIC MEAROW

DYLAN JOCKO

RONALD MITCHELL

Defendants

K. Weeks, for the Crown
K. Prtichard, for the Crown

A. Herscovitch, Counsel for Mr. Mearow
B. Willson, Counsel for Mr. Jocko
C. Anik Morrow, Counsel for Mr. Mitchell

HEARD: August 4, 5, 6, 2015 and October 13, 2015

INFORMATION CONTAINED HEREIN IS PROHIBITED FROM PUBLICATION

UNDER SECTIONS 648 and 645(5) OF THE CRIMINAL CODE OF CANADA, PURSUANT TO THE ORDER OF JUSTICE I.S. MCMILLAN,

SUPERIOR COURT OF JUSTICE, DATED AUGUST 4,2015

REASONS ON APPLICATION for change of venue

JUSTICE I.S. MCMILLAN:

[1] The three accused persons jointly stand indicted, following a lengthy preliminary hearing, of committing “first degree” of Wesley Hallam contrary to s. 235 of the Criminal Code of Canada on or between January 7 and 8, 2011.

[2] They further stand individually charged as parties to having indecently interfered with the human remains of Wesley Hallam on or between January 7 and 8, 2011, regarding the dismemberment of his body, contrary to s. 182(b) of the Criminal Code of Canada.

[3] The defence brings this application for an order changing the venue of the trial from Sault Ste. Marie to some other territorial division on the grounds that “it appears expedient to the ends of justice” pursuant to s. 599 (1)(a) of the Criminal Code of Canada, so as to enable the accused to “be judged fairly and impartially”.

[4] The matter came on for hearing before me on August 4, 2015 notwithstanding that at this stage, I am neither an assigned case management judge nor the scheduled trial judge. All counsel contended that I should proceed to hear this application and I have done so under a ban on publication.

BACKGROUND

[5] The prosecution alleges that on January 7, 2011, a “party” took place at civic number 30 Wellington Street, East, in the City of Sault Ste. Marie, the residence of the accused, Eric Mearow. Numerous persons were in attendance, including the three accused, and Wesley Hallam. At some point, several persons gathered upstairs in Mearow’s bedroom to consume cocaine.

[6] Hallam and Mitchell argued, which escalated into a physical altercation that included the accused, Jocko and Mearow. In the course of the fight, Wesley Hallam was wounded. The crown contends that after Hallam had been wounded, the three accused took control of Hallam; moved him into the bathroom; slashed his neck; and once he expired, decapitated him and severed his hands and feet with power tools.

[7] Hallam’s remains were removed and the residence was cleaned and vacated. Mearow and Mitchell, along with his girlfriend Courtney Shapiro, left for Thunder Bay. On January 11, 2011, a body was discovered in Coldwater Creek near Landslide Road in Sault Ste. Marie and which was identified in a police release on January 27, 2011 as the remains of Wesley Hallam.

[8] An extensive police investigation ensued involving not only the municipal police force, but also the Ontario Provincial Police. The Sault Ste. Marie Police Service sought to enlist the assistance of the community in terms of implements utilized in the homicide and “tips” or any other information that might assist the authorities in resolving this crime. The case had attracted considerable local media attention and coverage.

[9] The police investigation resulted in various arrests and associated dispositions. On January 17, 2011, Ronald Mitchell was arrested in Thunder Bay and charged with the second degree murder of Hallam. On January 31, 2011 Dylan Jocko was charged with being an accessory after the fact regarding Hallam’s murder and then on April 20, 2011 with first degree murder and offering an indignity to a deceased. On April 21, 2011, his partner, Melissa Elkin, was also charged therewith.

[10] On May 2, 2011, Eric Mearow was charged with first degree murder and an indignity to a dead body. On May 3, 2011, Ronald Mitchell was charged accordingly. On June 1, 2011, Kayla Elie, Mearow’s cousin and Jaclyn McIntyre, his partner, were charged with being accessories after the fact in relation to Hallam’s murder. In November, 2012, and January, 2013, the three female accused entered pleas of guilt to obstructing justice by participating in the cleaning of the crime scene and the destruction of evidence.

[11] A preliminary hearing with respect to the accused Mitchell, Mearow and Jocko commenced on September 24, 2012 and continued intermittently for approximately 45 days. On October 28, 2013, the three accused were committed for trial on all counts as charged. A Certiorari application was brought May 14, 2014 seeking to quash their committals for trial. On August 11, 2014 this court dismissed the accused’s application. A judicial pre-trial was conducted on January 15, 2015 and at that time, dates of August 4, 5, and 6, 2015 were scheduled, for a change of venue application.

[12] On the first day of this application, and at the request of defence counsel, the court directed that all counsel and pertinent staff be permitted to view certain of the court house facilities that might not have previously been accessible to counsel, notably for those not practicing in this District. The areas included holding cell areas, interview rooms, main jury room and several corridors not ordinarily accessible to the public, but which were referenced in concerns raised by defence counsel in their joint factum. At the request of the crown and as agreed to by all counsel, a ban on the publication of the application was granted.

(Decision continues with the remaining paragraphs exactly as in the original judgment.)