The justice of the peace who refused to release Peter Nygard before his trial considered that the defense plan to subpoena his client at residence in Winnipeg was neither solid nor credible. The guilty verdict of the fallen Canadian fashion mogul allows us to reveal the justice of the peace's reasons.
Peter Nygard, 82, had offered to post $325,000 bail to be released, but offered no one to stand as guarantor for him while he awaited his criminal trial.
Peter Nygard is guilty of raping four women
His lawyer, Brian Greenspan, proposed during the bail hearings in January 2022 to pay the amount in cash, specifying that his client no longer had access to his wealth.
This is why he can only pay more than $325,000, he told the Court of Justice in Ontario.
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Peter Nygard listens to closing arguments on the second day of bail hearings, January 6, 2022. (Archival illustration)
Mr. Greenspan explained that all of his client's assets had been frozen to pay his debts and his lawyers regarding the criminal and civil proceedings he faces in Canada and the United States.
The lawyer had stressed that the rest of the money in his possession was to be used to maintain his Winnipeg property, to pay for groceries and medication, and to pay the salaries of three or four employees.
It is ridiculous to claim that my client will seek to flee the country. Where could he go anyway? he asked.
Mr. Greenspan estimated that his client only had a sum of $938,000.
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Attorney Brian Greenspan represented Peter Nygard at the recent jury trial and bail hearing.
The defense had proposed that no person in their client's entourage vouch for the octogenarian, which is unusual in Canada.
Mr. Greenspan had argued that such an obligation was not necessary, since the exit plan was, according to him, reliable and safe.
According to the defense, the house arrest plan in Manitoba was essentially based on the use of three technologies and the good faith of his client.
Justice of the Peace John Scarfe ruled that such guarantees were insufficient, thus agreeing with the Crown across the board in keeping Peter Nygard in custody until his trial.
Mr. Scarfe initially noted that Nygard is a dangerous predator who uses the same modus operandi to attract vulnerable young women, offering them jobs or gifts to gain their trust.
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Justice of the Peace John Scarfe read his decision for over an hour on January 19, 2022. (Archival illustration)
The justice of the peace then stated that there is something disturbing about the idea that an accused could pay a security company to monitor him.
He pointed out that the security agencies that defense had approached had no minimum standards of professionalism, although x27;they are regulated in Canada.
Which company would then be willing to report to the police someone who signed a lucrative contract to monitor them 24 hours a day, 7 days a week? he asked.
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Prosecutor Neville Golwalla managed to convince the magistrate to keep Peter Nygard in preventive detention. (Archive illustration)
The justice of the peace added that the release plan was even absurd, since Peter Nygard could be acquitted at the end of his trial by evoking the Charter of Rights and Freedoms.
If Peter Nygard were to violate the conditions of his release, he could argue in court that it was unconstitutional for him to be closely monitored in this way anyway.
A quote from John Scarfe , Justice of the Peace at the Ontario Court of Justice
Mr. Scarfe further recalled that Peter Nygard's wealth is beyond the reach of the vast majority of Canadians and that his release on bail would create a two-tier judicial bail system.
Seen in this light, it is not in the public interest to release him, he continued.< /p>Open in full screen mode
Peter Nygard often took notes during hearings, but he stopped taking them when he realized he had lost his case. (Archival illustration)
Peter Nygard was also sentenced in absentia to 90 days in prison for contempt of court in a Nassau court , in the Bahamas.
His behavior in the Bahamas and the allegations he faces in the archipelago illustrate his lack of judgment and credibility, a specified the justice of the peace.
Mr. Scarfe had recognized that the accused is more at risk of escaping justice and that there is no guarantee that he will not cut off his electronic bracelet on his ankle and vanish into thin air.
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Peter Nygard leaves the videoconferencing cubicle at the Toronto South Detention Center following the delivery of the justice of the peace's verdict on January 19, 2022. /p>
Yet what worries me is that there is no one to vouch for his person, he underlined, specifying that this was a significant gap in the defense plan.
A sum of money is not as valuable as a trustee, who can verify without notice that the accused is at home.
A quote from John Scarfe, of the Ontario Court of Justice
The justice of the peace also questioned the true wealth of Peter Nygard. He did not believe that the accused only had about $950,000 as his defense claimed.
This is only a tiny part of the amount of money he is difficult to quantify today, he said.
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Peter Nygard took the stand at his trial in his own defense 18 months after the bail hearing. (Archival illustration)
The justice of the peace mentioned that there was also a risk that Nygard would attempt to bribe witnesses before his trial.
Mr Scarfe said women needed to be protected from sexual predators. Allegations of abused women have been swept under the rug for too long, he reiterated.
He says keeping Nygard in detention helps ensure the proper administration of justice and public confidence in the judicial system, because the accusations he faces are very serious.
Rape is the worst indignity committed against mankind, he concluded.
Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116
