Despite his file being sent to Court of Queen’s Bench by a direct indictment, Dwayne Bearspaw’s bail hearing continued Friday in provincial court.
Crown prosecutor Ryan Jenkins said that while a direct indictment has already been filed, until Bearspaw appears before the higher court provincial court Judge Ken McLeod can still rule on the matter.
Jenkins said it would only be fair to continue the application before McLeod, which began in July, rather than forcing defence lawyer Shaun Leochko to re-commence a similar bid in Court of Queen’s Bench.
McLeod agreed he maintained jurisdiction to hear the application, but noted he may not have the authority to conclude it.
The judge said his schedule won’t allow him to make a decision before Bearspaw is set to appear for arraignment next Friday.
Leochko suggested they could adjourn Bearspaw’s case in Queen’s Bench until after McLeod rules, but the judge said once the accused appears before a justice, even to adjourn the matter he may lose jurisdiction.
If so, submissions made by the defence lawyer and Jenkins in July and on Friday would have been wasted.
Leochko is applying to have Bearspaw released on bail pending trial in connection with the death of an Alpha House resident earlier this year.
Bearspaw, 28, is charged with manslaughter in the Jan. 1 death of Barry Cecil Currie, 30.
Police said Currie was involved in an altercation at Alpha House on 15 Avenue S.E. on New Year’s Eve.
He was assessed by EMS and stayed there that night, but was found in medical distress the next day.
If he maintains jurisdiction, McLeod will hand down a decision on Aug. 28.
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