Sims: Latest twist in maddening case won’t help citizen trust in bail system

Article content

Well. That didn’t take long.

Three weeks after Jesse Bleck was released on strict bail conditions pending his appeal to the Ontario Court of Appeal, he’s expected to be back in a London bail court on Wednesday facing three charges of breaching his court orders.

Bleck, 31, was sentenced to 4 1/2 years in prison for driving while prohibited and failing to remain at the 2019 crash that left a teen cyclist with a catastrophic brain injury. He had been ordered on strict house arrest with his sureties at an address in Norfolk County until his appeal is heard – which likely won’t happen for months.

Article content

However, on Aug. 19, just three weeks into his release, Bleck was charged in London with three counts of disobeying his bail conditions. The allegations are laid out in the court records. One charge is for riding in the front seat of a car. Another is for not living at the prescribed address with his surety. The third is for disobeying the conditions of his strict house arrest that required him to stay put there except for medical emergencies, legal appointments and counselling.

Also listed on Wednesday’s docket is a fourth charge of mischief under $5,000.

It will be up to the court whether Bleck will get bail again or remain in custody. And, like it or not, a release under the strict terms he’s already facing is still a distinct possibility.

The latest twist in the maddening case can’t help but be a reminder of the words spoken by Bleck’s sentencing judge, Superior Court Justice Kelly Tranquilli, who noted Bleck’s “entrenched attitude of disobedience and defiance and a belief that the rules don’t apply to him.”

That was just two months ago, when Bleck, was finally sentenced almost a year after a jury found him guilty of driving while prohibited and failing to remain at a crash that left Tristan Roby, now 23, with major life-altering brain injuries that confine him to a wheelchair and require round-the-clock care.

Article content

Bleck wasn’t charged for months after the July 21, 2019, crash on Exeter Road. He and another man took off on foot after Bleck’s car hit Roby and dragged his bicycle for almost a kilometre to a motel parking lot.

Bleck maintained his innocence throughout his lengthy jury trial in the summer of 2023 that went twice as long as was scheduled and included a troubled friend who tried to take the fall and a former girlfriend who wanted to renege on her police statements blaming Bleck.

Once convicted, Bleck changed lawyers and dragged out his sentencing for a year, all the while on strict bail with requirements to wear an ankle monitor.

His sentencing hearing told of Bleck’s long criminal past and a lifetime of ignoring court orders. He was rude to the probation officer trying to write his pre-sentence report. His criminal record was replete with disrespect for authority. He had a lifetime driving prohibition at the time of the crash but he kept on driving, even after injuring Roby.

The current charges still have to be proven in court, but, as a friend said to me, why would someone who claims they’re innocent and wants an appeal to show they are innocent, not try to stay out of trouble before they make their pitch to the appeal court?

Article content

On a much broader scale, the Bleck case adds to the public’s mistrust of the bail system where there is a belief that too many people charged with serious crimes are granted judicial release.

Just last week, another London man skipped out on sentencing for robbery and gun charges after a judge granted him a month-long bail to get his affairs in order. He turned himself in a couple days after the police put out a call for his arrest.

His conduct was another cut to the reputation of the bail system. However, bail is the one of the most important steps, if not the most important, in the criminal justice system in determining people’s rights and liberties.

We are not in the business of taking away people’s rights for no reason and locking up everyone facing charges. Most people facing unproven charges shouldn’t be detained. Reasonable bail allows people to keep their homes and their jobs or have access to their children. It can help connect people to counselling and services they need. It gives folks a chance.

London criminal defence lawyer Jim Dean, who was a police officer for 20 years before his legal career, understands the public’s frustration. However, he said, the bail process works.

Article content

“Are there some people who are detained who shouldn’t be? Yes. And are there people who should be detained who are released? Absolutely,” he said.

“(But” it’s better to release people than to keep them in unnecessarily,” Dean said.

The public hears about the Blecks more than they do about the people who follow their court orders with precision.  “One thing to keep in mind is that there are a lot of serious cases where bail is granted and they comply,” Dean said.

“But we always hear about these problem children that continuously breach.”

There are people who have difficulty following court orders, perhaps because of addictions or mental health issues. There are others who, as Dean said, “simply choose not to.”

Judicial release comes with responsibility and commitment. The court will have to decide if this time, Bleck has crossed that line back to detention.

jsims@postmedia.com

Article content