A 39-year-old Yorkton man who was recently sentenced for possession of explosives is back in custody facing sexual assault and assault charges.
James Loder was picked up March 13 after a complainant came forward to police alleging months of abuse.
The RCMP charged Loder with one count of sexual assault, one count of assault with a weapon, one count of assault causing bodily harm, one count of counseling another person to commit an indictable offence, one count of attempting to suffocate another person with intent to commit an indictable offence and one count of forced anal intercourse.
At a show cause hearing March 17, Judge Ross Green denied Loder bail in a reverse onus situation in which the defence had to argue for his release.
Defence attorney Shane Wagner argued that his client’s detention on the primary ground, i.e., in order to ensure he returns to court was unnecessary given his strong ties to the community including home ownership and long-term employment.
He also argued Loder’s continued detention would be a hardship for the defendant’s family for whom he is the sole provider.
Wagner suggested the secondary ground of protecting the public could be mitigated by cash bail and strict conditions including curfew, no contact with the victim and no alcohol causes.
On the tertiary ground of protecting the justice system’s reputation, Wagner said the principle of presuming innocence favoured his client’s release characterizing the case as a “he said, she said” situation.
The Crown, represented by Darryl Bode, presented evidence, which cannot be published pursuant to a publication ban, to counter the defence arguments.
Ultimately Green sided with the Crown saying he was not satisfied the defence had met the requisite onus. The judge said he felt remanding Loder was necessary on the secondary and tertiary grounds given the seriousness of the charges, the strength of the Crown’s case and the possibility of a lengthy prison term should the accused be convicted.
In late February, Loder received a total of $1,750 and 12 months probation on his possession of explosives charges and two breaches of release conditions.
He is scheduled to appear in court again today.
