James Clayton MacDonald, 24, of Point Aconi, was granted bail at a court appearance Tuesday. He is to be released on his own recognizance and will be subject to a host of conditions, including that he keep the peace and be of good behaviour; that he not possess matches, lighters or incendiary devices; that he reside with his parents at a residence on the Point Aconi Road; that he have no contact with a number of individuals including any member of the Florence Volunteer Fire Department; that he report by phone to police twice weekly; and that he will be subject to an $11,000 surety posted by himself and his parents.
Basically on house arrest
“The conditions are very, very strict,” said duty counsel Mike Kuna, who represented MacDonald at the bail hearing. “It’s basically house arrest with very few exceptions. It’s also quite complicated in that there’s so many people involved in the conditions, when you look at no contact with any of the members of the fire department or not to be near their place of residence, so that made it a little more complicated.
“He’s relieved that he’s going to be released today, I know that it’s been stressful on him. To my knowledge, he has no prior record whatsoever and this is his first involvement with the justice system or being incarcerated.”
MacDonald is also not to consume alcohol or drugs not prescribed to him by a doctor; he is to remain in his residence at all times unless accompanied by one or both of his parents; and he is to not be in any vehicle bearing a Nova Scotia volunteer firefighter licence plate. He is also not to have any contact his with co-accused, Stephen Eric Tremblett, 49, of Rear Regent Street, North Sydney.
Tremblett is charged with 13 counts of arson while MacDonald faces 16 counts. The offences are alleged to have occurred between May and August of this year in the Florence, Little Bras d'Or and Millville areas. Both men were members of the Florence Volunteer Fire Department.
Release plan complicated
One of the issues that arose in developing a release plan for MacDonald was the requirement that he not be within 1,000 feet of a number of addresses, including several located on the Point Aconi Road. That condition was amended to allow him to travel past the properties while in a motor vehicle to and from his residence.
MacDonald and his parents indicated they understood what the consequences would be if he was to breach one of his release conditions — that MacDonald would return to remand and, upon conviction of a breach, he and his parents could forfeit the surety.
“It’s not an easy thing to do to call police on your child, but you’re prepared to do so?” provincial court Judge Ann Marie MacInnes asked.
His parents told the court they will ensure he follows his release conditions and they would call police if he was going to breach his conditions.
MacDonald’s next court appearance has been scheduled for Sept. 20 for election and plea. Tremblett will be back in court for a bail hearing Sept. 6. He remains on remand at the Cape Breton Correctional Centre.
RELATED ARTICLES:
Cape Breton firefighters charged with arson waiting for release plans to be finalized (published Aug. 29, 2016)
Two Florence firefighters charged with arson (published Aug. 26, 2016)
James Clayton MacDonald, 24, of Point Aconi, was granted bail at a court appearance Tuesday. He is to be released on his own recognizance and will be subject to a host of conditions, including that he keep the peace and be of good behaviour; that he not possess matches, lighters or incendiary devices; that he reside with his parents at a residence on the Point Aconi Road; that he have no contact with a number of individuals including any member of the Florence Volunteer Fire Department; that he report by phone to police twice weekly; and that he will be subject to an $11,000 surety posted by himself and his parents.
Basically on house arrest
“The conditions are very, very strict,” said duty counsel Mike Kuna, who represented MacDonald at the bail hearing. “It’s basically house arrest with very few exceptions. It’s also quite complicated in that there’s so many people involved in the conditions, when you look at no contact with any of the members of the fire department or not to be near their place of residence, so that made it a little more complicated.
“He’s relieved that he’s going to be released today, I know that it’s been stressful on him. To my knowledge, he has no prior record whatsoever and this is his first involvement with the justice system or being incarcerated.”
MacDonald is also not to consume alcohol or drugs not prescribed to him by a doctor; he is to remain in his residence at all times unless accompanied by one or both of his parents; and he is to not be in any vehicle bearing a Nova Scotia volunteer firefighter licence plate. He is also not to have any contact his with co-accused, Stephen Eric Tremblett, 49, of Rear Regent Street, North Sydney.
Tremblett is charged with 13 counts of arson while MacDonald faces 16 counts. The offences are alleged to have occurred between May and August of this year in the Florence, Little Bras d'Or and Millville areas. Both men were members of the Florence Volunteer Fire Department.
Release plan complicated
One of the issues that arose in developing a release plan for MacDonald was the requirement that he not be within 1,000 feet of a number of addresses, including several located on the Point Aconi Road. That condition was amended to allow him to travel past the properties while in a motor vehicle to and from his residence.
MacDonald and his parents indicated they understood what the consequences would be if he was to breach one of his release conditions — that MacDonald would return to remand and, upon conviction of a breach, he and his parents could forfeit the surety.
“It’s not an easy thing to do to call police on your child, but you’re prepared to do so?” provincial court Judge Ann Marie MacInnes asked.
His parents told the court they will ensure he follows his release conditions and they would call police if he was going to breach his conditions.
MacDonald’s next court appearance has been scheduled for Sept. 20 for election and plea. Tremblett will be back in court for a bail hearing Sept. 6. He remains on remand at the Cape Breton Correctional Centre.
RELATED ARTICLES:
Cape Breton firefighters charged with arson waiting for release plans to be finalized (published Aug. 29, 2016)
Two Florence firefighters charged with arson (published Aug. 26, 2016)
