Outbreak at jail delays trial

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This article was published 08/12/2020 (1906 days ago), so information in it may no longer be current.

The outbreak of COVID-19 at the Brandon jail hampered the beginning of an in-person trial Monday morning as a judge contemplated the safest path forward.

The seven-day provincial court trial for Mathieu Plamondon on several charges was scheduled to start at 9 a.m. on Monday, but an outbreak of COVID-19 was declared at the Brandon Correctional Centre on Dec. 4.

Under the code red restrictions put in place at the provincial jail, inmates can’t be transported outside of the institution, including to attend court. Inmates who test positive or who have been in contact with positive cases are also isolated, and internal movements are restricted.

Crown attorney Ari Millo asked Judge Shauna Hewitt-Michta to issue a code red remand warrant to override the restriction on transporting prisoners, but she said that would be problematic and there was no precedent for it. Initially, Millo said staff at the jail were not willing to transport him based on the previous order the judge made before the outbreak was declared.

Hewitt-Michta also said she lacked information from the jail itself on the situation there and what would happen with Plamondon when he returns to the jail each day from the Brandon courthouse. The situation could have changed from Friday — the day the outbreak was declared — when there were eight positive cases at the facility.

Plamondon has not tested positive for COVID-19, wasn’t symptomatic and hadn’t been in close contact with anyone who tested positive, so he could be safely transported, Millo argued.

Defence lawyer Tara Walker said Plamondon wanted to be present in the courtroom for the trial rather than appearing by video from the jail. He also has underlying health conditions that make COVID-19 more of a concern, but accepts the risks in being transported to the courthouse.

Paul Bergen, the deputy superintendent of the jail, testified later in the day. He said the outbreak has grown since Dec. 4, and as of Monday morning, a total of 13 people had tested positive — nine staff members and four inmates.

The jail is also still waiting for test results from inmates tested over the weekend.

Despite this, no inmates in the unit Plamondon is housed in had tested positive, he said. The first positive cases at the jail were with staff, not with inmates.

If Plamondon was transported, he would be given a medical-grade face mask, a one-piece coverall to dress in and gloves, Bergen told the court.

Under questioning from Hewitt-Michta, Bergen said the jail is taking precautions to minimize the chance of infection, but there remains a risk whenever someone is moved throughout the facility and to the courthouse.

Later in the day, Millo said the Brandon Correctional Centre would allow the accused to be transported without a new order being issued if the judge requested it.

Hewitt-Michta said the decision on whether to proceed hinged on the risk of bringing him out of the jail and into a place where he would be in the same room as other people.

“The court has to balance the interest of Mr. Plamondon and the Crown to a fair and timely trial with the health and safety of every participant attending to this building. The context is unprecedented times, a global pandemic and a COVID outbreak at BCC, where Mr. Plamondon is housed,” said Hewitt-Michta.

“It is an unenviable challenge to have to identify what is an acceptable risk to undertake … proceeding with trial and having him transported to court poses some risk to him and moreso to other participants.”

Hewitt-Michta ultimately ruled Plamondon could appear in person, but would have to be assessed each day for COVID-19 symptoms before being transported, including having his temperature taken.

Plamondon’s trial is scheduled to formally get underway today as the Crown attorneys call their first witnesses.

» dmay@brandonsun.com

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