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A Cypress County man whose trial on gun charges has been postponed three times over two years while two new sets of gun-related charges have been laid, will remain in jail until the matters are settled, a Justice in Medicine Hat ruled April 10.
Denver Ailsby, 46, who is subject to a court-ordered lifetime firearm ban since 2018, was arrested in early 2023 and charged with 62 counts of careless use of a weapon and possessing prohibited firearms at his rural residence.
That matter was scheduled for trial dates in 2024 and 2025, but were vacated when defence lawyers were changed.
Over that time, two additional sets of charges involving similar weapons allegations and failure to comply with bail conditions were laid by the RCMP.
At Court of Justice in Medicine Hat on April 10, Ailsby’s attorney Vince Guinan argued that a bail plan and willingness to address the matters should be considered by the court.
Crown prosecutor James Alford told court the serious charges need to be dealt with and his bail should be revoked.
“The Crown believes that he’s cycling through (defence) counsel and vacating trials to avoid answering to these charges as long as possible,” he said. “It’s the Crown’s view that the only way that he can be brought before the court to actually deal with this is for him to be detained in custody.”
Guinan told court the particulars of the case are less dramatic than they might appear, and his client was involved in a serious car accident last fall which has hampered his defence.
“There’s a defence here (to the charges) and $10,000 offer of bond and support (from family members),” said Guinan.
Justice Jason Cowan said that considering the charges and situation, it is up to the accused to make a strong case for not attending court or failing to meet court conditions.
“It’s a reverse onus in a number of ways, though he is presumed innocent,” stated Cowan. “He has an atrocious record that includes failing to comply (with court orders), violence and firearms.”
“He should remain in custody until the conclusion of these matters.”
The trial in the 2023 case most recently was scheduled for August 11 but vacated in order for Guinan to mount defence. It will be rescheduled, and the time will not count against timelines required to bring a matter quickly to trial.
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