Megan Gallagher's family shocked by release of man accused of killing her
Roderick William Sutherland 1 of 4 charged with 1st-degree murder
The family of a Saskatoon woman killed in 2020 are shocked that one of the accused is now out on bail.
Roderick William Sutherland is one of four people charged with first-degree murder in the death of Megan Gallagher. Five others face various charges, including aggravated assault, unlawful confinement and offering an indignity to human remains.
On Thursday, a Court of King's Bench justice released Sutherland by consent of the prosecutor and his lawyer, Blaine Beaven.
"It was a gut punch," said Gallagher's father, Brian.
"What it did for me personally was it took me back to the first days when Megan was missing where, as I've said before, you don't sleep right, you don't eat right. Your whole world is turned upside down."
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Brian said he's concerned that Sutherland's release on a such a serious charge may discourage others from speaking out "because they're just going to get out anyway."
Sutherland and his three co-accused on the murder charge have all been committed to stand trial, but no trial dates have yet been set.
Sutherland must follow conditions as part of his release, including staying in his house 24 hours a day, wearing an electronic monitoring device, not consuming alcohol or cannabis, not carrying any weapons and not contacting any of his eight co-accused.
He also cannot discuss Megan Gallagher on social media.
Beaven said that Sutherland's release has been in the works for almost a year. He was originally charged with offering an indignity to a body and released on bail. Beaven said he complied with all conditions. As the investigation progressed, Sutherland was ultimately re-arrested and charged with first-degree murder.
Sutherland had a bail hearing in January, but his release plan collapsed when he could not provide a place to live. Beaven said that is what changed this week.
Veteran defence lawyer Brian Pfefferle said it's unusual, but not unprecedented, for murder suspects to be released on bail.
"When someone is facing a homicide charge it's much more difficult for the accused to get released on bail, but the same factors apply," he said.
"Is the accused is going to show up for court and address the charges? The second aspect is, is the accused going to commit a new offence? The case law says … that the public interest is an aspect that is considered as well. And so we in Saskatchewan have a history of releases on bail for people charged with homicide."
Pfefferle said the presumption of innocence remains a fundamental principle in deciding whether to release an accused.
"The presumption of innocence is the most important concept in criminal law, and in our justice system. And the presumption of innocence applies no matter what the charge someone's facing is, whether it's a mischief or a murder."