Bail denied yet again

Despite insisting on his innocence in Kelowna court Tuesday, one of the men accused of kidnapping and assaulting a man in February will remain behind bars until his trial, expected sometime next year.

Shane Haines was one of five people who were arrested March 1, just days after a man was dropped off at Kelowna General Hospital suffering serious injuries. Police said the man had gone to a Kelowna home to buy drugs on Feb. 24, when he was allegedly kidnapped, assaulted and held against his will for three days.

Haines has been charged with aggravated assault, robbery and unlawful confinement.

On Tuesday, Justice Dennis Hori ruled Haines should remain in custody until his trial, despite it being "unlikely" a trial date will occur soon.

Haines' bail review hearing was held last week. The hearing comes after a March 2019 Supreme Court of Canada decision that clarified section 525 of the Criminal Code, ensuring an accused person should have an automatic review of their detention after 90 days. The SCC ruled the review must take into account any new evidence, while keeping in mind an accused's presumption of innocence.

Haines had actually already been granted bail on March 14, two weeks after his initial arrest, but after not showing up to a court date on March 25, followed by two additional court dates in April, a warrant was issued for his arrest. He was found and arrested again in June, and his bail was denied at a following hearing on June 5.

On Tuesday, Hori said “there is a substantial likelihood” that Haines will commit another offence if he's released, justifying his continued detention. Haines, on a video feed from Okanagan Correctional Centre, shook his head as Hori gave his ruling.

“I don't deserve to be in here, I'm innocent," Haines said. "I've been sitting in here for three months for something I didn't do, and my kids are paying the price for it, and they don't deserve that.”

While all of the accused in the February incident were initially released on bail, warrants have been issued for several of them for allegedly breaching conditions.

A preliminary inquiry is scheduled for Haines and his co-accused on Dec. 5. A Supreme Court trial date will be scheduled after that if a judge determines the Crown has a strong enough case.

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