Judge grants bail to Calgary’s J.M., charged with having unprotected sex with nine women while HIV-positive
The HIV positive Calgary man charged with having unprotected sex with nine different women has been freed on bail.
But freedom for J.M. was elusive for several hours Tuesday as the Crown contemplated what to do with “duplicitous” allegations on a separate charging document. Prosecutor Janice Walsh told provincial court Judge John Bascom she’d have to consider her next step now that she’s got conflicting bail decisions. But late Tuesday Walsh sent a fax to defence counsel Andrea Urquhart staying duplicate charges which were preventing J.M. release.
Bascom granted J.M. non-cash bail on 13 charges, including nine of aggravated sexual assault. Four of those same charges, including three alleging attacks on women, were contained on a previous court filing over which J.M. was ordered detained. Bascom said that while judges at the same level of court attempt to maintain consistency he came to the opposite conclusion as Judge Karim Jivraj on whether J.M. could be released pending trial.
Earlier this year, Jivraj ordered J.M. detained on the four charges he then faced.
Since then six other women have come forward, leading to more charges being filed- including one more this week- and ultimately a consolidation of all the allegations on one court information. Bascom ruled, based on submission by Walsh and Urquhart, that J.M. could be freed and ordered to stay at the Centre of Hope under house arrest.
While older filing are usually withdrawn once newer ones with the same charges are filed, Walsh had decided to keep both active until the stay letter was filed.
Had she not dropped the original charges, J.M. detention would have had to be reviewed by a Court of Queen’s Bench judge, keeping him detained in the interim.
Kevin Martin, Calgary Sun
December 17, 2013