(THUNDER BAY, ON) – The Wal-Mart located on West Arthur Street was once again the scene of an alleged robbery.
52-year-old John Clemenza was arrested by the Thunder Bay Police Service yesterday and was held in custody for a morning appearance in bail court. Her Worship, Justice of the Peace Zelda Kitchekeesic was presiding.
Also in the courtroom was Crown Attorney Trevor Jukes and duty counsel lawyer Lianne Roberge.
Clemenza is facing the following new charges which stem from a December 3rd, 2018 incident at the Wal-Mart on West Arthur Street where he is alleged to have committed theft while armed with a knife.
- Breach of bail conditions (no weapons)
Clemenza is already going through court for other outstanding criminal offences, those charges stem from a July 16th, 2018 incident. They are:
- Assault with a weapon (knife)
- Carrying a concealed weapon (knife)
The Crown is opposed to Clemenza’s release and tells the court that he is in a “reverse onus” situation based on his previous outstanding matters having been brought forward under section 524.
A “reverse onus situation” means that Clemenza will have to show the courts why he should be released.
From stepstojustice.ca If you’re arrested and held for a bail hearing while already on a recognizance of bail, the Crown can apply to have the recognizance of bail cancelled. They do this by making an application under section 524 of the Criminal Code. If the Crown does this, your bail hearing will address both your new charges, and the charges for which you previously had bail.
Further, the Crown states that he has concerns on the secondary grounds regarding Clemenza’s release. Secondary grounds means that the Crown believes that Clemenza may either re-offend, become a public safety concern, interfere with the administration of justice, or any combination of those.
Duty counsel tells the court that Clemenza is represented by criminal defence lawyer David Bruzzese and that Clemenza was previously released to the John Howard society, under their supervision. Further, duty counsel tells the court that John Howard will not be accepting Clemenza back to the supervision program.
Duty counsel requests a remand until tomorrow so that Clemenza and Bruzzese have time to figure out a bail plan.
Clemenza is ordered to remain in jail by the Justice of the Peace, until at least tomorrow, where he will have another chance at being released. He is walked back to his jail cell at the Thunder Bay Police Service station, where he waits to be transported to the Thunder Bay District Jail.
Anyone with a photo of 52-year-old John Clemenza is asked to email it to firstname.lastname@example.org