A man who is currently appealing his six-year prison sentence for possession of $800,000 worth of controlled substances has been released on bail to Okanagan Falls.
Scott Willliam Cashman was convicted on seven counts of possession of a controlled substance for the purpose of trafficking, according to the B.C. Court of Appeal's decision on his bail review.
On Nov. 17, 2022, Justice Devlin imposed an effective global sentence of six years in prison.
Cashman filed a notice of appeal seeking to set aside his conviction and obtain a new trial just over a week later, arguing that the trial judge "materially misapprehended the facts"; erred in law by "permitting and relying on inadmissible expert opinion evidence"; and the verdict of the trial judge is "unreasonable."
Cashman was first arrested on June 16, 2020 and was subsequently released without conditions. He was arrested again on Nov. 10, 2020 and released on a police undertaking.
Cashman was bound by the same bail terms for approximately two years until the date of his sentencing hearing. On that date, Oct. 19, 2022, Cashman did not attend court but had turned himself in at the RCMP detachment in 100 Mile House. He has been in custody ever since.
While Cashman did not breach his bail, when he turned himself into 100 Mile House, he was wearing body armour.
"When asked at the RCMP Detachment about the body armour, Mr. Cashman became agitated and stated that it was to keep him safe in case he was shot by a gun," the decision reads.
"[It is an offence] to possess body armour except under the authority of a valid body armour permit issued in the person’s name. Mr. Cashman did not suggest during the bail hearing that he has ever held such a permit."
The Crown stated that Cashman’s detention is necessary for the public interest, as he poses a safety risk to the community if released because of the volume of drugs he was convicted of possessing, and Cashman’s 2014 conviction for unauthorized possession of a firearm
Cashman's defence argued that his release would not undermine public safety because he previously complied with bail conditions during the two years he spent awaiting trial, and that new conditions imposed on him will be even more restrictive.
Justice Leonard Marchand granted bail for Cashman on "stringent conditions," including a named surety, a cash deposit of $20,000 and house arrest with electronic monitoring at his mother's house in Okanagan Falls.
"Though turning himself in wearing body armour is very concerning, he has a positive track record of complying with his release conditions and attending court. The fact that his mother will act as a surety for him and is willing to post a significant deposit provide further assurance that he will comply with his bail order without undermining public safety," the decision reads.
Cashman will be required to surrender his passport and any other travel documents to the Penticton RCMP detachment, possess no more than one cellular phone and abide by a curfew.