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Cape Breton court report for Dec. 1, 2020

Court stock photo.
Court stock photo. - 123RF Stock Photo

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SYDNEY, N.S. — Final summations in the preliminary hearing for a Sydney man charged with first-degree murder are now scheduled for Jan. 11.
Joseph Frederick Evong, 38, is charged in connection with the Nov. 5, 2019, death of Stephen Richard Rose, 41, of Sydney. Rose was found deceased inside a Rotary Park apartment.
A female co-accused has already been committed to stand trial in Supreme Court.
Evidence presented at such a hearing is banned from publication.
Evong continues to be on remand.

Accused sentenced for posting false message

A Louisbourg man has been given a conditional discharge and probation after pleading guilty to a charge of posting a false message.
Robert Maria Steylen, 57, was charged after he posted a picture of himself on Facebook with the caption “may be the next scum bag to lose it.”
The offence occurred April 24, just five days after the worst mass shooting incident in Canadian history in Portapique, Colchester County, that claimed the lives of 22 people and injuring three others.
The post was sent to a police officer with the Cape Breton Regional Police which resulted in an investigation.
Police interviewed Steylen and searched his home resulting in the seizure of a .22-calibre rifle. Weapon offences were eventually dismissed.
The court was told that at the time he made the post, Steylen had been drinking and that this incident sparked a desire to sober up and get treatment for his addiction.
Steylen apologized to the court for his actions noting he continues to remain sober. This was his first criminal offence.
He must complete a one-year probation period during which he is to make a $1,000 donation to a charity and write a letter of apology to the Cape Breton Regional Police. Steylen has already offered apologies to his neighbours.
He will be subject to urinalysis during his probation to ensure he remains alcohol free.
Should he complete his probation with no breaches, the discharge can be made absolute meaning he will not register a criminal record.
Should he be charged with other offences while on probation, he runs the risk being sentenced on the false message charge.

Attorney General to receive notice of action

A hearing date is now expected to be set later this month dealing with a challenge to the election results for the Conseil Scolaire Acadien Provincial (CSAP) school board.

Clermont (Monty) Charland has filed a challenge of the results in Supreme Court wanting the court to void the election alleging the vast majority of votes cast were not eligible.
Charland received 1,526 votes in the Oct. 17 vote while winning candidate Marcel LeFort received 2,205 and became the representative on the provincial board for Sydney-Victoria.
It had been expected that a hearing date would be set this week but in appearing in Supreme Court, it was noted that the provincial Attorney General’s office had not been served with notice of the challenge.
All sides involved are now scheduled back in Supreme Court Dec. 14 in hopes of setting a hearing date.
Voting in the CSAP election is restricted to individuals whose first language is French, who received their primary school instruction in Canada in a French-first-language program, an individual who is the parent of a child who has received or receiving primary or secondary school instruction in Canada in a French-first-language program.
Charland claims returning officer Deborah Campbell-Ryan, who is also the municipal clerk for the Cape Breton Regional Municipality, failed to ensure that only those qualified would have a vote and also failed to create a list of qualified electors for the CSAP vote.
In the 2020 election, both the regional municipality and Victoria Country opted only to collect votes via telephone or online.
In response, Campbell-Ryan filed an affidavit claiming that all reasonable steps were taken to explain voting eligibility for CSAP election and all requirements were met under the Municipal Elections Act and the Education Act.
She said that under the act, she is not permitted to challenge voter eligibility and can only ask an individual to confirm they are eligible to vote in the election.
Further, Campbell-Ryan states there are no provisions in the election or CSAP acts that would give the court authority to declare the election void.

Accused facing additional drug and weapon offences

A Sydney Mines man recently released on conditions after being charged with drug offences is again in custody charged with additional drug offences.
Leonard Joseph Groves, 35, of Ocean Street is charged with 15 counts of breaching court orders including failing to keep the peace, failing to abide by a curfew, possessing weapons and failing to abstain from alcohol, and single counts of careless transport of ammunition (shotgun shells), driving while prohibited, careless use of a firearm, possession of a loaded .22-calibre rifle dangerous to public peace, possession for the purpose of trafficking in cocaine and possession of money knowing it was obtained by crime.
The offences are alleged to have occurred between Nov. 21-30 in Sydney Mines.
A bail hearing is now scheduled for Dec. 9.

Plea date set on host of offences

A Sydney man has again been released on conditions on charges that include impaired driving and drug trafficking.
Keith Cordell Anderson, 43, of Cabot Street was released earlier in November after being charged with possession for the purpose of trafficking in cocaine and impaired driving.
His release was short-lived as he was charged with breaching his conditions by failing to abstain from alcohol and failing to be of good behavior and keep the peace.
Anderson is now charged with three counts of possession for the purpose of trafficking, two counts of possession of stolen property, two counts of breaching court orders and single counts of impaired driving and possession.
Among the conditions of his release, Anderson is to refrain from alcohol and drugs not prescribed to him, he is to report to police by phone once a week and abide by a curfew. He is also not to be in the front seat of any vehicle.
He is now scheduled to enter pleas Jan. 4.

Guilty plea entered on drug offence

Trafficking charges against three individuals have been dismissed while a fourth accused has pleaded guilty to a reduced charge.
Charged were Francis Scott Jessome, 32, of Sydney; Clifford James Knox, 47, of Glace Bay; and Alicia Roseanna White-Hurley, 32, of Glace Bay.
The trio faced trafficking and possession of money knowing it was obtained by crime. The charges were dismissed this week.
The fourth accused Julie Lottie Hart, 23, Sydney, pleaded guilty to a charge of possession and will now be sentenced Feb. 16.
The offence occurred in Sydney in 2019.

Trial date assigned on trafficking charges 

A provincial court trial date has been set for five people charged with drug trafficking.
Charged are John Brandon Eisan, 32, and Brianna Nicole Guyomard 24, both of Sydney, who are charged with possession of property (money) knowing it was obtained by crime, possession of illicit hashish, possession of marijuana for selling, conspiracy to trafficking, possession for the purpose of trafficking, possession and breaching court orders.
Also charged are David Sharpe Matheson, 45, of New Waterford and Donald Dwayne MacDonald, 45, Dominion and Colin Martin Graham, 31, of Sydney.
Each of the four are charged with conspiracy to traffic, possession for the purpose of trafficking and possession.
All five waived their right to a preliminary hearing on the charges and will now proceed to trial Sept. 20, 2021. All of the offences are alleged to have occurred in Sydney in 2019.
Graham, who had been on remand, was released from custody this week on conditions that include he have no contact with his co-accused and he refrain from drugs not prescribed him.

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