ASSAULT x2, MISCHIEF & BREACH

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(KINGFISHER FIRST NATION, ON) โ€“ This morningโ€™s bail court had a 32-year-old David Ogemawenene appear via a telephone call from the Kingfisher First Nation Nishnawbe-Aski Police Service detachment.

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His Worship, Justice of the Peace Bernard Caron was presiding, along with Crown Attorney Jane-Ann McGill and duty counsel lawyer Andrew Desmoulin.

Ogemawaenene is facing charges that stem from two separate incidents roughly three weeks apart. On September 14th, it is alleged that he broke the window on someoneโ€™s home while being on a probation order in which he must โ€œkeep the peace, and be of good behaviourโ€. Charges from that date are:

  • Mischief causing damage under $5000
  • Fail to comply with probation (keep the peace and be of good behaviour)

The next set of allegations stem from an October 7th incident where it is said Ogemawenene had assaulted a man and a woman, while still on the same probation order. Charges spawned from this occurrence are:

  • Assault x2
  • Fail to comply with probation (keep the peace and be of good behaviour) x2

The Crown states that this is a Crown onus situation and that she is not consenting to his release based on secondary ground concerns. A โ€œCrown onus situationโ€ means that it is on the Crown to prove to the courts why Ogemawenene should be held in custody. โ€œSecondary ground concernsโ€ means that the Crown believes the likelihoodย of Ogemawenene to either re-offend or become a public safety concern is substantial.

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A request is put forth by the Crown to order Ogemawenene not to contact or communicate with 4 people, while in custody.

Duty counsel requests that the matter be put over to October 9th, for an in-person appearance in Kenora to continue the bail process. Furthermore, duty counsel informs the court that he has sent an email to Ogemaweneneโ€™s lawyer, to inform him of the arrest and what has transpired today.

Justice of the Peace Caron grants the requests of the Crown and Duty Counsel. Ogemeawene will be held in custody until at least his October 9th court appearance. He is escorted back to his cell where he will wait to be transported to the Kenora District Jail.

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