While much of the court system in the province has ground to a halt in response to COVID-19, bail court and major cases are continuing to be heard, including for two Guelph brothers charged in the first degree murder of Nick Tanti.
On Monday, the Ontario Court of Justice on Wyndham Street was mostly empty, except for bail court that was held in the basement of the building. Although five accused persons were initially expected to appear in person, all the bail hearings heard Monday were done by video.
A meeting between justice of the peace Mike Cuthbertson, counsel and court officers was held behind locked doors prior to bail court Monday morning, with about 20 people in the waiting area outside — most seeking to be in the gallery while the Angus and Aidan Kee matter was being heard.
It was determined in the meeting a maximum of five people could enter the court room to sit in support of the defence, with another five allowed in support of the victim.
Cuthbertson noted that news media was allowed to stay for all bail court proceedings.
About 12 people were in the waiting room in support of the Kee brothers and some discussion occurred to determine who would go in.
As they came into the gallery, court security offered an optional mask to each person entering.
Tanti’s mother Sharon and two other people entered and sat on the other side of the courtroom from those supporting the accused.
The Kee brothers are being held in separate units at Maplehurst Correctional Complex and are banned from communicating with each other, except through legal counsel.
The first to appear by video was Aidan, who was clean-shaven in an orange jumpsuit. A black eye he had in his last video appearance appears to have mostly healed.
Next to appear was the younger brother, Angus. He was also wearing an orange jumpsuit and had long hair and a beard.
Both brothers had their matters put off until April 6, as they continue attempts to retain counsel.
After their matter had concluded, the courtroom was cleared of supporters.
Next to appear by video was Tanner Mitchell, who is facing charges of possession of property and failure to comply.
Before his matter was put off to a later date, Mitchell asked to address the court.
“What’s happening with this whole coronavirus thing?” he asked.
Cuthbertson assured Mitchell that while some court proceedings are on hold in response to COVID-19, bail hearings are planned to continue.
There was some confusion in the courtroom as four accused who are in custody and expected to appear in person were not present at either the courtroom or city police lock ups.
After some back and forth discussion between court officers and dispatch, it was determined that the accused persons never were never transported from their respective correctional facilities.
Court officers noted a fifth accused man who was expected in person
Cuthbertson called the situation of having names on the docket not coming in ‘a little extraordinary.’
In his video appearance from Central East Correctional Centre in Kawartha Lakes, Andrew Noel asked for the bail hearing for his break and enter and mischief charge to be held off a week.
“I’m in no rush,” Noel told the court. “I’m in on a four-year sentence.”
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