A suspect facing charges of arson, mischief along with break and enter was released from custody on Monday, December 20, 2021 following a bail hearing in Cobourg Court.
The charges against 27-year-old Cobourg resident Jordan Bradshaw are eight counts of mischief, two counts of arson and two counters of break and enter stem from early Saturday morning in downtown Port Hope.
The virtual bail hearing was held before Justice of the Peace Jack LeBlanc, along with assistant Crown Attorney Maria Stellato and representing Bradshaw was Brad Pearson.
The complexity of finding a second surety for Bradshaw was the main issue the hearing took the better part of the day to complete.
It was a reverse onus hearing meaning the accused must show why he should be released.
The hearing had no publication ban regarding the charges brought before the court as a result of Saturday’s incident.
At the start of the hearing, Stellato said she was looking for a “strong surety.”
A surety is a person who would take responsibility for another person’s performance regarding any rules set out by the court.
Stellato read to the court the allegations Bradshaw is charged with.
The allegations are that on Saturday at approximately 12 a.m. Bradshaw left an establishment on John Street in Port Hope and made his way north.
During the course of time, a garbage container was lit on fire, there was an attempt at lighting another garbage container, Christmas decorations that were hung by the municipality were torn down in numerous locations, a Christmas decoration planter (gnomes) outside a store was started on fire, a window was smashed at one business and two windows were broken at another business. The front door and side door of a business were broken at a business on Peter Street. A office chair was lit on fire in the building, just a few doors down, a glass door was smashed to a dance studio and the building was lit on fire, “which left the building in ruins,” stated Stellato.
At approximately 1:20 a.m. Bradshaw is observed entering into a building to sleep on Hamilton Road.
Bradshaw is currently before the courts on a prior charge, but there is currently a publication ban on the allegations.
The first person applying to be a surety knows the accused through his son. Bradshaw and the sureties son grew up together since grammar school and remained friends.
The surety stated that Bradshaw “had a troubled family life” and is currently living with the surety and his son.
‘It’s always been a safe zone for my son, my daughter and their friends.”
On and off the accused has been living with the surety for a number of years.
The surety was willing to offer $2,000 to act as surety, but Justice of the Peace LeBlanc stated, “given the allegations Mr. Pearson does $2,000 sound reasonable to you?”
“The court has to balance his release against the public interests.”
Pearson stated he thought the Crown would be more concerned about the supervision of the accused more so than the amount.
The amount was raised to $4,000.
At one point when the Assistant Crown Attorney asked if the proposed surety could enforce house arrest condition for two years, the proposed surety said, “that might be difficult. I’m not sure on that. I think that would be a discussion I’d have to have with Jordan.”
Stellato said although the surety had, “very good intentions” she was not content with him.
“It’s less a problem with the surety himself and more a problem with the plan of supervision.”
The Crown stated with the proposed sureties schedule he wouldn’t have time to, “fully see through his surety obligations.”
The Crown proposed a $10,000 and a second surety.
Justice LeBlanc stated the Canadian Charter of Rights and Freedoms says that any person charged with an offence is innocent until proven guilty and are not to be denied bail without just cause.
The Charter also stated people who are accused of a crime, “are not to be denied bail without just cause.”
LeBlanc stated he has no doubts about the surety, “I also share the Crowns concerns that it requires supervision while (surety) is on the road.”
The first surety was accepted with the condition a second surety was found and a $10,000 deposit between the two.
While other matters took place throughout the day in Court, Bradshaw’s lawyer sought out another surety.
Bradshaw’s mother was the second surety proposed late in the afternoon.
A question that was raised about the first sureties statement regarding issues in the Bradshaw home in earlier years.
“Recently they were good, we were building back up – this obviously a shock to me – but we had been good,” said Bradshaw’s mother.
Both sureties were accepted by the Crown with a $5,000 deposit by each.
LeBlanc stated, “the Justice of the Peace is obligated on a consent to follow along with that unless of course there is something that would bring the administration of justice into disrepute.”
“So in actual fact it’s the Crown’s decision to release Mr. Bradshaw here today and that the Court has put in place conditions that will hopefully protect the public at large.”
Conditions of the release were as follows:
Reside with a surety in alcohol/weapons free home
Notify Port Hope Police Service in writing or by telephone within 24-hours in any change of address.
That he is essentially under “house arrest” and remain in his residence unless in the company of one of his sureties.
Not be in Port Hope unless for scheduled legal, dental or medical appointments or to traverse Highway 401.
Bradshaw returns to court January 12, 2022 at 9 a.m. to be spoken too.