By Shurtz, Delon on August 25, 2020.
A 25-year-old man who earlier this year was denied bail by a provincial court judge, didn’t have much luck in front of a Court of Queen’s Bench judge, either.
Justice Dallas Miller rejected Anthony Douglas Johnston’s application to be released from custody, and said Monday during a bail review not enough had changed in Johnston’s circumstances since he was denied bail in May to warrant his release now.
Johnston was denied bail May 7, even though he was prepared to post $500 of his own money and a female friend was willing to post $1,000 surety. She would also allow Johnston to live with her while he was under house arrest.
During Monday’s bail review Calgary lawyer Robin McIntyre said the surety was still willing to promise $1,000 and have Johnston live with her under strict conditions. In addition, the accused could now post $2,500 cash bail. Johnston has also been approved for a bed at a treatment centre, but it was unclear when there would be an opening.
Johnston faces charges of possession of stolen property over $5,000, possession of stolen property under $5,000, driving while uninsured, operating a motor vehicle while prohibited, flight from police, dangerous driving and possession of a prohibited weapon.
Police reported they were looking for a stolen Ford Explorer when they noticed it March 20 in the Dairy Queen drive-thru on Mayor Magrath Drive South. As officers tried to trap the vehicle, it drove into a police vehicle then into the side of a motel office building.
The driver tried again to evade police but failed and was arrested. Two passengers in the vehicle were also taken into custody.
Police searched the vehicle and seized a can of bear spray, which is a prohibited weapon under the Criminal Code, and found a key to a vehicle previously stolen and recovered the day before.
Damage to the motel and Explorer was estimated at $75,000 to $100,000.
During a provincial court hearing in June, McIntyre said she received an offer from the Crown to resolve the case without a trial, and the case was adjourned to give her time to discuss the offer with her client. She had previously told court if resolution discussions with the Crown failed, she would consider going to trial.
Johnston is scheduled to be in provincial court today to speak to his charges.
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