Kobylanski trial for violent sexual assault delayed again to 2022

The repeatedly delayed sexual assault trial of Michael Raymond Kobylanski in Nova Scotia has been delayed again, this time to January 2022.

Kobylanski was supposed to go on trial next month on charges including sexual assault and sexual assault with a weapon. The alleged assaults occurred at his home in north-end Halifax in 2015 against a 17-year-old girl.

Kobylanski originally had a jury trial in 2017. The jury convicted him of common assault but deadlocked on the more serious charges. A retrial was ordered for later in 2017, then 2018, then 2020.

Each time, Kobylanski asked for an adjournment while he searched for a lawyer to take his case. He's gone through at least four lawyers in that period.

The latest, criminal defence lawyer Nathan Gorham of Toronto and Saint John, agreed to represent Kobylanski, but had a scheduling conflict with the dates in July for when the jury trial was finally supposed to begin.

When Gorham and Kobylanski initially requested this latest postponement, the next available dates were in April 2023, and the Crown was opposed.

But new dates have been found in January of next year, and during an appearance in Nova Scotia Supreme Court on Tuesday,  the Crown consented to Kobylanski's fourth adjournment. He remains free on conditions 

Criminal record

In 1995 in Ontario, Kobylanski attacked a 14-year-old girl who'd rejected his sexual advances. According to parole documents, Kobylanski smashed the girl in the head with a large rock and then sexually assaulted her.

He had lured her away from her friends on the pretext of needing help finding his way home, as he was unfamiliar with the area.

She was found the next day, barely conscious and badly beaten, near some railroad tracks.

"Injuries to the victim were extremely serious and required surgery due to swelling of the brain," the National Parole Board noted in rejecting Kobylanski's bid for release from prison. "It was feared during post-surgery that she would not survive."

The board noted she suffers life-long psychological and physical effects. 

Kobylanski was sentenced to more than 12 years in prison. The parole board repeatedly rejected his efforts to be released from prison early, saying he was a high risk to reoffend. Each time he was refused, Kobylanski appealed. Each of his three appeals was rejected.

Kobylanski has also faced additional sex-related charges here in Halifax.

In December 2013, he was acquitted on charges of sexual assault, sexual interference and invitation to sexual touching.

In March 2014, Kobylanski was acquitted on charges of sexual assault and sexual interference.

The charges in both cases covered a period from July 2010 to June 2011.

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