(CAT LAKE FIRST NATION, ON) – Officers with the Cat Lake detachment of the Nishnawbe Aski Police Service have arrested and charged a 37-year-old Derek Mizzetay. He is facing allegations that he breached his bail conditions.
Her Worship, Justice of the Peace Anna Gibbons was presiding over bail court this morning. Crown Attorney Derrick “The Hammer” Silvestro and duty counsel lawyer Stella Vallelongo were also present.
Mizzetay appeared via telephone while in police custody at the Cat Lake detachment. He is facing the following charges:
- Breaching bail conditions (reside at an address in Cat Lake First Nation).
- Breaching bail conditions (curfew 4:00 pm to 7:00 am).
- Breaching bail conditions (no alcohol or intoxicating substances).
Mizzetay speaks up and tells the court that his charges were already dealt with and that he did his time in jail for them. If this is the case, he shouldn’t be on bail, but released with maybe a probation order, if he had one put on him. He further explains that he has paperwork to prove it in his home. The Crown can be seen working on his computer and looking at various papers he has in front of him at his desk. After a moment he tells the court that a CPIC check says that Mizzetay still has outstanding charges out of Sioux Lookout which include fraudulent impersonation and two breaches of bail conditions.
It is possible that a paperwork error happened, which kept Mizzetay’s charges active in the system. If this happened, Mizzetay will be released upon this discovery. It is also possible that he might not have understood exactly what happened in court and still has charges outstanding that he needs to deal with.
Further, the Crown states that Mizzetay is in a reverse-onus situation and that he is going to hold him to his onus. A reverse-onus situation means that the accused person will have to show the courts why they should be released. Mizzetay takes this opportunity to speak with duty counsel about his situation.
After having a private discussion with duty counsel, Mizzetay presses the court with his belief that he is done with these charges. Duty counsel requests that Mizzetay be scheduled to return to court on Monday, in Kenora, to sort out his legal troubles. Duty counsel states that this will give him time to contact someone about these charges.
Mizzetay is ordered to remain in jail until at least Monday, where he will appear in person at the Kenora courthouse and sort out these issues. He will be transported to the Kenora District Jail and remain there in the meantime.