In deciding whether he should issue a warrant for the arrest of a man who failed to appear in court on July 2, Corner Brook Judge Wayne Gorman said the answer to that question is an easy one,
No.
“It would not generally be appropriate to issue a warrant of arrest for someone who has failed to appear in court on specific date without proof that that person was aware that they were required to appear on that specific date,” Gorman said in a written decision released on Tuesday.
“There must be proof that the specific accused was aware of the requirement for her or him to appear on the date set.”
Gorman wasn’t convinced that was case for Kyle Sheppard, and said it would be contrary to the public interest to issue an arrest warrant, even a postponed execution one.
Sheppard pleaded guilty to break and enter into a residence, theft and damage to property on Jan. 21, and his sentencing had been set for March 19.
By then, the courthouse had been closed due to the COVID-19 pandemic and his matters were not called. On its website, the provincial court published a notice advising accused people they didn’t have to attend court between March 17 and May 22. It said their matters would be automatically rescheduled and a bench warrant with discretion would be issued.
“It is not sufficient to prove that through the use of limited diligence they could have become aware.” — Judge Wayne Gorman
In June, the court put out another notice with information on how matters were being rescheduled. Appearances missed on March 19 were set for July 2.
When Sheppard didn’t show up that day, the Crown asked Gorman to issue an endorsed warrant for his arrest.
Gorman agreed if Sheppard had checked the web page, he would have seen that his appearance was set for July 2. However, he said, the Crown was unable to establish Sheppard was aware of the date by checking the web page or through any other means.
“No doubt an accused person has a responsibility to determine when they are required to appear in court. Though the pandemic closed the courthouse for a period of time, it did not shut down the court’s web page or disconnect its telephone lines,” said Gorman.
Gorman said in his view it would be inappropriate to issue any type of arrest warrant in the absence of proof that an accused person knew the date they were required to appear in court.
“It is not sufficient to prove that through the use of limited diligence they could have become aware.”
Instead of an arrest warrant, Gorman ordered that a summons be issued requiring Sheppard to appear on a specified date, and his sentencing was set for July 17.
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