The accused, Mato Josipovic, applied for judicial interim release (bail) pending a new trial for second-degree murder, citing the potential lethal impact of the COVID-19 pandemic in detention and probable trial delays.
The court considered the primary, secondary, and tertiary grounds for detention under the Criminal Code.
While the primary ground (flight risk) was satisfied, the court found the Crown's case to be overwhelming and the gravity and circumstances of the offense (a public, brutal execution involving multiple shots and danger to bystanders) necessitated detention on the tertiary ground to maintain confidence in the administration of justice.
The specific risks posed by COVID-19 in the detention centre were not found to be higher than in the general population, and potential trial adjournments were deemed uncertain at the time of the application.
The bail application was denied.
