Judge toughens bail conditions for accused in break-in

A man who was allegedly involved in a break-in that left a house ransacked was granted bail in Brandon provincial court on Monday — but not on the proposed bail plan.

“I don’t trust you to come to court anymore. You haven’t shown up in the past, so now there needs to be something for you or someone else to lose if you don’t show up for court,” Judge Shauna Hewitt-Michta said after adding a bail condition that the accused could only be released on a $750 cash deposit or a $1,200 surety.

John Ballantyne, 21, is charged with break-and-enter and possession of proceeds obtained by crime, along with three counts of failing to attend court.

Crown attorney Reid Girard read the allegations that brought Ballantyne to court.

On July 25, 2024, Brandon Police Service officers were sent to a residence after a man reported that his house had been broken into, Girard said.

The man told police that when he got home, all of the exterior doors along with the garage door were left open and his truck, TV, sound bar, laptop computer, kitchen knives and a pair of headphones were stolen.

“He noticed that his wife’s jewelry had been tossed around. Some pieces of that jewelry appeared to be missing,” Girard said, adding that a specific watch was gone.

Police started patrolling the area and a couple of hours later found the man’s truck on Cornell Bay with a single man allegedly sitting inside, who is co-accused with Ballantyne. The co-accused allegedly ran from police and into a residence.

Police set up around the residence and when they went inside, found Ballantyne in the basement, Girard said. Police searched Ballantyne and found the watch that had been reported stolen in his pocket, he said.

Both accused were arrested.

Police issued a search warrant for the residence, and when they executed it, they found the TV, knives, jewelry and audio equipment, Girard said.

Ballantyne was released on an undertaking and missed court on Dec. 9, 2024, May 12 and Aug. 5. Each time he missed court, a warrant was issued for his arrest, and he never turned himself in.

“He has shown this court that he does not take his obligations to this court very seriously. The main problem is that if Your Honour releases him today … he will immediately abscond and will only come back when the police are lucky enough to come across him,” Girard said.

Defence lawyer Anthony Dawson presented a bail plan that would have Ballantyne residing with his sister in Brandon under a curfew. He left the curfew times up to the court. Dawson also added a condition for Ballantyne to report to police every Friday.

He said the main purpose of the curfew and reporting to police conditions is to ensure that police can keep tabs on him.

“It’s mainly to keep him in contact with the system through the police in between his actual court dates,” Dawson said.

Hewitt-Michta said because of Ballantyne’s history of not showing up for court, it would defy reason to release him again without any security.

“He’s been picked up, released, picked up, released, picked up, released, and now finds himself sitting in custody as a result,” she said. “I am prepared to fashion a release order here, but it’s not one that doesn’t involve security.”

She said she understood that granting his bail with cash security may be the same as denying his bail altogether.

Hewitt-Michta granted his bail on the plan proposed with the added requirement of either a $750 cash deposit or a $1,200 surety.

» sanderson@brandonsun.com