Judge grants man release as he resumes his wait for trial
A 23-year-old man charged with assault with a weapon, possession of a weapon for dangerous purposes,
A 23-year-old man charged with assault with a weapon, possession of a weapon for dangerous purposes, sexual assault with a weapon and hostage-taking has been released on an undertaking as he awaits his twice-delayed trial.
Rual Malek appeared before Justice Ron Veale in Yukon Supreme Court on Friday morning, representing himself.
Crown prosecutor Joanna Phillips requested that the trial, set for this week, be adjourned due to difficulties getting in touch with two witnesses. Both have moved away from the area, she said.
As well, one witness is involved in another trial, in another region, the day before Malek’s scheduled trial.
“It’s complicated by the fact that we’re not just dealing with the RCMP in the jurisdiction that they’re in,” Phillips said.
She added she didn’t want to disclose their location because they are concerned about their safety.
She asked that the trial be pushed back to August to allow time to organize the witnesses.
In the interim, she proposed Malek be released on an undertaking.
Malek, wearing jeans and a black T-shirt, addressed the judge.
“I’ve been waiting a long time for this trial,” he said. “I strongly oppose this application....
“These are serious allegations, very serious allegations, and I’ve been waiting a year to deal with these charges.”
He has been in custody for 13 months.
Malek said he felt there has been a lack of diligence in the case, and that many of his calls to Phillips’ office haven’t been returned.
He is also trying to arrange a witness to speak on his behalf, but a no-contact order with that person is in place.
Malek’s trial was originally scheduled for June, but his lawyer at the time wasn’t available.
The trial was then adjourned to July.
Veale agreed to Phillips’ request. The trial is now scheduled to start Aug. 25.
In the meantime, Malek will be released on what Phillips called “minimal” conditions.
He must remain in the Yukon, and report to his bail supervisor upon his release from custody.
He must also report his residential address to his bail supervisor, have no contact with the Crown’s witnesses and possess no weapons.
Comments (10)
Up 8 Down 1
Ken Putnam on Jul 24, 2014 at 4:05 pm
Sandy the police are not alleging anything...they are saying he did in fact do it, NO DOUBT. When the police lay a charge they swear information (the charge) before a JP. During that process they say: I have reasonable and probable grounds to believe and do believe that John Doe did on this date commit this offence. They are not guessing or saying let the judge figure it out they are saying: HE DID IT.
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Sandy Helland on Jul 18, 2014 at 8:20 am
June Jackson,
Just because the police allege something does not mean they are right.
We hear of exoneration when a convicted person is freed on new evidence, example: DNA.
The police are only humans, too.
Up 0 Down 2
Sandy Helland on Jul 18, 2014 at 8:15 am
Kaitlyn,
In Toronto, a woman laughed at the man's "package" and got murdered, beheaded. That came out in court.
They were on a date.
Up 8 Down 2
Observer on Jul 15, 2014 at 9:09 pm
Really, who cares how he got there. What matters is that he is capable of getting there.
Up 9 Down 0
Kaitlyn on Jul 15, 2014 at 8:31 pm
Sandy, how can someone be bullied to the point of sexually assaulting someone?
Up 12 Down 1
JuneJackson on Jul 15, 2014 at 7:10 pm
Once a story hits the news, it's public domain and anyone who would like to comment gets to do that. In this case, we aren't talking about jay walking.. we aren't even talking about a 'suspect'. We are talking about a man that has been charged with these heinous crimes. Charged. The Crown has assigned guilt. He should be in prison. Forever.
*Sandy* I do not give a rats *** "What if he was daunted, teased, bullied or "driven" to do what is alleged?" I only know of 2 people in my circle who WEREN'T bullied or teased..and you know what? They never took anyone prisoner, raped anyone or assaulted them sexually with a weapon. As far as I am concerned, with charges like these.. there is NO other side to the story. I don't care what this woman did, she did not deserve the treatment she got at the hands of this man.
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Sandy Helland on Jul 15, 2014 at 4:38 pm
June, you're right.
But I'd like to hear the other side of the story before I judge.
What if he was daunted, teased, bullied or "driven" to do what is alleged?
Up 13 Down 3
steve on Jul 15, 2014 at 12:26 pm
Sorry Sandy these are not petty charges. These are very serious charges and I'd not want someone like this wondering around the community. Just imagine if you are the victim and he has minimal restrictions against him. What's going through her mind? If he is willing to break the law this seriously he should not be on the streets! You do the crime you pay the time!!
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Sandy Helland on Jul 14, 2014 at 6:45 pm
June Jackson, a person is not guilty until proved guilty. This is why we have judges; authority that will listen to BOTH sides before judging.
You got this person thrown away based on one side of the story.
Up 30 Down 4
June Jackson on Jul 14, 2014 at 4:34 pm
"A 23-year-old man charged with assault with a weapon, possession of a weapon for dangerous purposes, sexual assault with a weapon and hostage-taking"
And he's on the streets.. !!