Riverview man detained after skipping trial released with new court dates
David Robert West faces criminal charges, allegations he violated pandemic rules
A Riverview man will be released from custody after failing to appear in court for his trial on criminal charges and allegations he violated New Brunswick's pandemic restrictions with new trial dates this spring.
David Robert West briefly appeared in Moncton provincial court by phone Tuesday morning from a remand centre. No new charges have been laid after he failed to appear in court for his trial on Feb. 17 and 18.
Judge Ronald LeBlanc said West would need to obey release conditions that include appearing in court as required.
"This is a court order you must respect at all times," LeBlanc said, adding if he breaches the order he could be taken into custody again.
"Yes, that's clear," West said.
West was among five people arrested and charged following a protest against COVID-19 restrictions in Moncton in January 2021.
It's alleged he violated the province's Emergency Measures Act on Dec. 31, 2020, in Moncton, on Jan. 22, 2021, in Shediac and on Jan. 24, 2021, in Moncton.
He also faces charges from Dec. 31, 2020, of causing a disturbance, damaging property, resisting police, and obstructing police at a Moncton grocery store.
He was scheduled to stand trial on the charges last month but wasn't present in the courtroom and didn't have a lawyer representing him.
On the first day, West was among about 40 people protesting outside the courthouse.
West and others in the crowd attempted to enter the courthouse, which requires wearing masks, but didn't get past security.
In the courtroom, the judge that day said West had been told he would need a valid medical exemption to not wear a mask in the courthouse.
Since he wasn't present on both days, warrants were issued.
He was arrested sometime after that and held in custody until Tuesday's appearance. On Monday, the provincial court docket had indicated West would appear in court Wednesday for a bail hearing.
But on Tuesday, the Crown prosecutor consented to his release with conditions and new trial dates.
West will be tried April 13 on the charges from January 2021. He is scheduled to be tried on the December 2020 charges on May 18.
LeBlanc, the judge, asked if he has a lawyer. West said he doesn't and intends to be represented by a person he identified as Ivan Finton.
Finton attempted to represent two others arrested with West last year claiming to have "power of attorney" for the pair. However, he argued with a judge and was briefly detained in courthouse holding cells.
Finton was among the group of about 40 people outside the courthouse last month with West, telling the crowd they would try to take West's case to the Supreme Court of Canada.