.jpg;w=960)
BARRHEAD - A Barrhead man facing several charges, including assault with a weapon, dangerous operation of a motor vehicle, possession of stolen property and several charges of failing to comply with release order and undertaking conditions, will have to spend more time behind bars as he awaits his next court appearance.
On Aug. 27, Justice Peter Ayotte denied a release application to Michael Joseph Rolof at Barrhead Court of Justice in a reverse onus bail hearing.
In a reverse onus situation, the presumption is that the accused should be detained while awaiting their trial unless they can demonstrate to the court that they should not be denied bail by showing that there is no just cause for their detention.
Prosecutor Robert Klein said the Crown opposed Rolof's release on primary and secondary grounds.
He added that the 25 charges, which total 25, stem from three incidents or periods starting in March 2024.
Klein stated that from March 5 to April 9, Rolof failed to report to his probation officer as required by his release conditions.
During that period, the Crown added that the accused allegedly stole a side-by-side off-highway vehicle and a pickup from a Fort Assiniboine property.
Klein noted that in the latter theft, Rolof is accused of attempting to run over two individuals who tried to stop him from leaving in the truck.
The Crown said the latest series of incidents occurred in late May when RCMP found multiple times that Rolof wasn't compliant with a mandated curfew.
He added during the final regular curfew check; the accused fled from the RCMP when they attempted to arrest him for violating his curfew.
Klein also stated that Rolof's criminal record includes multiple non-compliance with release and other court orders and failing to appear convictions.
“In light of the criminal record and the charges before the court, particularly the ones like the truck being driven at a series of individuals, the court would suggest no appropriate conditions could satisfy the secondary concerns of public safety," Klein said. "Similarly, the accused's record for failing to appear, evading police officers, and the facts alleged, the Crown would suggest Mr. Rolof’s attendance in court is a concern."
Primary grounds are those directly related to the pending charges, while secondary are concerns regarding the risk to the public.
The Crown also requested a no-contact order for the complainants and witnesses involved in the Fort Assiniboine incident. However, Justice Ayotte denied it, stating there was no evidence that the accused knew the parties involved.
Defence counsel Gordon Collins, on behalf of Rolof's lawyer, Gary Smith, stated that the accused's proposed release plan was that he would stay with his grandparents.
"They are proposing a $1,000, no cash, where [Rolof] would basically be under house arrest," he said. "They have a property 115 acres in the County of Barrhead. They are both retired, and he would have to stay on the property."
Justice Ayotte commended Rolof's parents and said that while he was sure they had the best intentions, he still had concerns.
"This is a reversal, and I look at the prior record, which is ripe with previous breaches of release orders and failing to appear. There is also a dangerous driving and assault with a weapon charge, which is serious, and the Crown’s case is quite strong. In addition, he is facing other charges similar to the past,” he said. “It is unlikely that Mr. Rolof will comply with any of these orders and accordingly deny bail on primary and secondary grounds.”
Rolof, who appeared via closed-circuit television from the Edmonton Remand Centre, argued that he turned himself in.
"I have a brand new son," he said. "I don’t understand why I am being denied."
Barry Kerton, TownandCountryToday.com
