Accused drug trafficker given 2nd chance at bail

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This article was published 09/03/2024 (920 days ago), so information in it may no longer be current.

A man studying in Brandon to become a pilot and facing charges for allegedly trafficking cocaine in the city was given another chance at bail after he was released in provincial court late Thursday afternoon.

Edgar Ndayishimiye was charged with multiple offences — including cocaine trafficking, possession of property obtained by crime and possessing a restricted weapon — after a drug bust by Brandon police last November.

The Crown opposed Ndayishimiye’s release, arguing that he could not be trusted to follow his court-ordered conditions as he was now back in custody for allegedly breaching the conditions of his previous release. Defence argued that he was suitable for release because he had not been charged with any trafficking-related offences despite numerous searches of his apartment during his release.

The charges against Ndayishimiye have not been proven in court and he remains innocent until proven guilty.

Crown attorney for the federal government, Colin Gray, read the evidence for the charges in court.

In October 2023, the Brandon Police Service major crimes unit began investigating an individual alleged to be involved in trafficking cocaine in Brandon after receiving information from a confidential informant.

The following month, police surveillance captured the man in what they believed to be a drug transaction in a parking lot.

A search warrant was granted to police, and they raided the man’s apartment in late November.

Police found about 16 ounces of cocaine, $7,265 in cash, numerous packaging materials, digital scales, four cellphones, a pistol and a score sheet indicating drug debts of various people.

Gray emphasized the seriousness of the combination of drugs and a handgun and the potential for violence in the community.

“Just the sheer quantity of cash, the type of packaging material, all points to an individual who’s higher up than the street-level dealer,” the prosecutor said.

He also argued that Ndayishimiye is not taking his court-ordered conditions seriously, as he was arrested for allegedly being found with two cellphones in violation of his condition to not have multiple cellphones.

“The only protection that the community has from the carrying on of trafficking substances is order of the court, and if that order is not followed, the protection and safety of the public cannot be maintained,” Gray said.

The defence lawyer representing Ndayishimiye on his breach charges, Andrew Synyshyn, told the court that the two cellphones were left by police during their raid and that the man had been subjected to many searches each month due to a police officer living in the same building.

Synyshyn refuted the Crown’s point that Ndayishimiye needed to be in jail to stop any alleged trafficking activities, and argued that the fact that many searches had been done while Ndayishimiye was on bail previously, yet he had not been charged with any other trafficking allegations, is evidence that he can be on bail without reoffending.

The defence lawyer also said that this time Ndayishimiye’s bail plan is strengthened by his fiancé, who has changed her job in Toronto to remote work in order to come to Brandon and act as his surety.

“She’s coming in herself to demonstrate that she believes he can follow the rules. She’s going to be here to supervise him,” Synyshyn said. “And ultimately, she’s putting her name and money on the line.”

Judge Patrick Sullivan said he recognized that the breaches were in relation to the cellphones and not allegations of re-involvement in trafficking, but that he is concerned about Ndayishimiye taking court-ordered conditions too lightly.

Ultimately, he decided to give the man another opportunity to be on bail and granted his release.

Ndayishimiye will be subject to court-ordered conditions to abide by a curfew, consent to no more than three searches by police per month, and only possess one cellphone, which must not be locked or have any kind of encryption or wiping software. The fiancé was named as a $5,000 surety (which could be forfeited if the bail is violated).

Ndayishimiye’s matter will next appear in Brandon federal court on March 14.

» gmortfield@brandonsun.com

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