No bail for man who missed trial date

A man accused of sexually assaulting a woman, then failing to show up to his trial date was denied bail in a Brandon provincial courtroom on Thursday.

William Gaywish, 47, is charged with sexual assault, which he has previously pleaded not guilty to, and failing to attend court.

Crown attorney Yaso Mathu opposed Gaywish’s bail on the ground that if he were released, history would repeat itself and there would be a risk he wouldn’t show up to court.

Mathu read the allegations behind the charges.

Yellowhead RCMP received a 911 call from a woman who asked police to do a well-being check on her sister on Sept. 12, 2023.

“(She) was advised by someone that (her sister) was seen running out of the bush and that William Gaywish was trying to sexually assault her,” Mathu said.

A few hours later, two officers found the complainant hiding at a friend’s residence in Rolling River First Nation. Mathu said she was emotional and told police she wanted to press charges.

In a statement to police, the woman said she and her children, who were six, five and three years old, were invited to spend the day at the beach with Gaywish.

She alleged that when they got to the lake, Gaywish was completely naked.

She told police Gaywish allegedly tried to bend her over while he was behind her and was trying to touch her “breasts and private areas.”

“William told (her) how he had always loved her. She tried to tell William that this was not happening, but William did not listen,” Mathu said, adding that he was intoxicated.

The woman said she yelled at her children to run, which they did, and she hit him with a branch.

“She was brought to a friend’s place because she did not feel safe at home,” Mathu said.

Police tried to arrest Gaywish the following day, but couldn’t find him. They issued a warrant for his arrest.

When police did arrest him and he appeared in court, he pleaded not guilty to the sexual assault charge and a trial was set for April of this year.

Mathu said the complainant came to court and was ready to testify, but Gaywish didn’t show up. Roughly three months later, police arrested Gaywish.

Defence lawyer Anthony Dawson said Gaywish didn’t come to court because of a misunderstanding of his previous lawyer’s instructions. Gaywish was previously pending on weapons offence charges, which ended up being stayed for forfeiture of the items seized.

When those charges were stayed, Dawson said Gaywish was under the impression that all his matters were dealt with. Mathu pointed out that this would be difficult due to the vast difference between the charges.

Dawson presented a bail plan that included $500 to $1,000 of cash bail to address the Crown’s concern that he wouldn’t show up to court. The plan would have him reside back in Rolling River First Nation with his mother, who he takes care of.

Judge Hewitt-Michta said she didn’t know how much money it would take to address the concern of him not showing up to court, but that it was “certainly not $500 to $1,000.”

“He either wasn’t diligent about keeping track of the matter, or he made the calculated decision not to attend his trial,” she said. “The picture I’m left with is of a person who the Crown has a strong case against them, who’s avoiding dealing with the matter.”

Gaywish will appear again in court later this month to set a new trial date.

» sanderson@brandonsun.com