MOOSE JAW — A provincial court judge has granted bail to Mortlach resident Tyrel Terence Cronan, who is accused of four offences, including dangerous driving that killed one of his passengers.
Judge Brian Hendrickson gave his decision in Moose Jaw Provincial Court on Dec. 13, based on evidence and arguments he heard during two bail hearings recently.
The media were prohibited from reporting on the alleged facts because of a publication ban, although they could report on the judge’s reasons for granting bail.
Cronan, 26, appeared by phone from the Regina Correctional Centre (RCC), his defence lawyer, Merv Nidesh, also appeared by phone, while Crown prosecutor Monique Paquin appeared in person.
Release conditions
Some of Cronan’s release conditions include wearing a Ministry of Justice-owned electronic monitoring bracelet, reporting to a probation officer, living with his common-law spouse in Mortlach and remaining inside 24/7, and not possessing or drinking alcohol or being in places that sell it.
Furthermore, he must give breath or urine samples to police when requested, take addiction assessments or programming, not contact the people he allegedly chased, not contact his surviving passenger, and not sit in a driver’s seat.
Cronan’s common-law spouse hugged a family member and had a big smile on her face upon learning of his release. She later picked up Cronan in Regina and drove him to Moose Jaw to have the GPS bracelet attached.
Cronan’s case was adjourned to Monday, Dec. 23.
Alleged facts
An officer observed the vehicle speeding northbound on Main Street North at 11:49 p.m. The vehicle then struck a meridian on the 1300 block of Main Street North, causing the vehicle to roll over. As a result, a 31-year-old male passenger was killed, while Cronan and another occupant were transported to hospital and treated for minor injuries.
Police then charged Cronan with flight from police, dangerous driving causing death, impaired operation causing death and exceed .08 causing death.
Judge’s comments
Judge Hendrickson said that it “was a close call” whether he would release Cronan considering the Crown made “a number of good arguments” against his release. He reminded the man that if he breached his conditions, he would return to custody and lose his home, his family life and his job.
“So it’s really important that you comply with these conditions. These are not wishes (and) these are not hopes, these are court orders,” the judge added.
Reasons for release
Judge Hendrickson made it clear that Cronan is presumed innocent until proven guilty, while the charges against him are allegations and a bail hearing is not a trial.
Meanwhile, Cronan has a criminal record with 18 previous convictions starting in 2015, including 10 for driving while disqualified or prohibited, one of exceeding the legal limit of .08, and one flight from police, the judge continued.
The judge acknowledged that the Crown had a strong case based on the alleged case facts. Moreover, the Crown argued that the man faced a federal prison sentence — possibly life — if he is convicted during a trial, while releasing him could create a lack of public confidence in the justice system.
The Crown was also concerned with the defence’s proposal for Cronan to wear an electronic monitoring bracelet from an American-based company.
Conversely, Nidesh argued that Cronan obeyed his previous probation order, was a hard worker, a good father and provider, and received positive character references from nine family and friends during his bail hearing, the judge continued.
Furthermore, the defence gave several reasons why the Crown’s case was “not as cut and dried as it appeared,” while the main issue is whether Cronan was the driver during the rollover, said the judge.
Judge Hendrickson dismissed the Crown’s concern about the American-made e-monitoring bracelet since the ministry could provide one, while he also disagreed that Cronan’s desire to use this American technology meant he would refuse to obey court orders.
Cronan’s continued detention was “not justified” considering he had no past convictions for failing to attend court, while the judge was satisfied that the accused understood that “he would lose everything” if he breached his probation or committed further offences. Moreover, the judge believed the Mortlach man’s release plan was rigorous and imposed stringent conditions.
