The Peace Bond Cobourg Mayor Lucas Cleveland was seeking against Robert Horgan was denied in Cobourg Court on Friday, September 20, 2024.
After three days of the hearing, Justice of the Peace Mark Donohue stated that the burden of proof hadn’t been met by Cleveland.
Cleveland was initially seeking a peace bond for himself, but at the start of the hearing adjusted it so it would only pertain to his eight-year-old son and former partner.
Justice Donohue stated that the peace bond meant that Cleveland had reasonable grounds to fear that Horgan would cause personal injury will cause personal damage to property to either his son or former partner.
The court dealt with matters between Horgan and Cleveland during the time period of August 2023 to May 2024.
Neither person was represented by a lawyer, but when Cobourg Municipal Clerk Brent Larmer testified a lawyer, paid for by the Town of Cobourg was present.
The hearing essentially revolved around three different incidents between Horgan and Cleveland.
Video evidence from May 28, 2024 was presented to court along with 16 pages that included approximately 196 social media posts by Horgan over a two-year period.
“The online postings that form a large part of the basis for Mr. Cleveland’s subjective fear,” said Donohue in rendering his decision.
During the hearing Cleveland brought up what Donohue called “underlying mental health issue” which were not disputed.
Donohuse also stated that Horgan did not dispute that he has at times he has “difficulty regulating his emotions in his speech.”
Donohue said the court has to decide if the “subjective fear is reasonable in all circumstance.”
Court heard of Horgan’s interaction at Victoria Hall, the County building which both caused him to be given a trespass notice and there was also another incident where Cleveland, his son and their dog had just left Victoria Hall when Horgan raised his voice from across the road stating that the dog was off the leash and his son wasn’t allowed to ride a Segway on the sidewalk.
“Mr. Horgan takes the position that he is an advocate and is passionate about his views. In his evidence his views are about his opposition to Mr. Cleveland’s in certain areas and that Mr. Horgan’s characterizes it as he is the victim.”
Donohue said that Horgan is “simply engaging with a public official.”
While Horgan has “underlying mental health issues he is managing those issues and is capable of interaction that is respectful and appropriate.”
Donohue said both Cleveland and Horgan had “two opposing views.”
Stating that the court acknowledges there was a “interaction” in May 28, 2024 but is “characterized differently by the two individuals.”
Donohue stated the interaction outside Victoria Hall appeared to have been by Horgan from across the street who was yelling from approximately 10-metres away with Horgan stating he was trying to be a good citizen regarding notifying Cleveland of his son disregarding the bylaw.
Regarding another incident at Victoria Hall where Horgan was issued a trespass notice, Donohue said there has been no further action, including Horgan not attending the place/s he was trespassed from.
Donohue said given Horgan’s evidence regarding the social media posts were that, “they simply are raising views in opposition to the Mayor.”
“Looking at them in totality there are some there are some cryptic posts that are referencing Mr. Cleveland’s son. It appears he’s referenced in terms of Mr. Horgan trying to criticize Mr. Cleveland bringing his son to city hall events.”
But Donohue said, “for the most part the posts are social media posts on the Mayor of Cobourg website.”
“The posts in relation to his son mostly appear mostly trying to be critical of Mr. Cleveland’s parenting.”
But added, “I question the decision making in terms of posting that about a person’s child. That can prove to be difficult in other area’s for Mr. Horgan.”
But it doesn’t mean that Horgan is obsessed with Cleveland’s personal life.
Donohue did say that at least some of the posts by Horgan may have been an attempt to “get under the skin” of Cleveland.
In person actions between Horgan and Cleveland were approximately five months ago and there has been nothing more indicated.
“The action that has been taken against Mr. Horgan with respect to trespass of certain places appear to have the effect that they should.”
Donohue acknowledge the actions of Cleveland, “I would think that any parent would do that and it’s commendable.”
“I also acknowledge that Mr. Horgan is capable of abiding by orders. He appears to be taking the steps he needs too, to address his mental health based on exhibits the court has received.”
Donohoue stated, “in the balance of probabilities that fear hasn’t proven to be reasonable. The court finds the reasonable grounds to fear personal injury or property damage to Mr. Cleveland’s son or former common-law partner hasn’t been founded on the evidence.”
“I will not cause Mr. Horgan to enter into a peace bond, but I will caution to say, Mr. Horgan when we’re passionate about things these things can cross the line.”
“Thus far you’ve been able to abide by the trespass notices and I hope that continues. But I’m not making any finding with respect to what I feel about the behaviour, only that it hasn’t met the test in this case.”
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
