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Young offender released on bail

A young offender has been released on bail to his mother for $200, pending his hearing Sept. 16. The 15-year-old boy, who can't be named under the Youth Criminal Justice Act, faces charges in relation to three break and enters and thefts.

A young offender has been released on bail to his mother for $200, pending his hearing Sept. 16.

The 15-year-old boy, who can't be named under the Youth Criminal Justice Act, faces charges in relation to three break and enters and thefts.

The first was at Classic Trading in North Battleford June 25, the second took place July 14 at the Mervin Co-op, and the third was the Village Video and Snack Shop in Leoville, Aug. 10.

During the bail hearing, public defence lawyer Don MacKinnon said it was unlikely many of the charges relating to the Leoville break and enter would be upheld.

In his statement, the accused claims he was picked up in North Battleford by Gabriel Poundmaker, 19, and Garvin Martin, 44, and fell asleep in the vehicle, awaking only when the police were in pursuit of them.

This claim is backed up by an eye witness to the break and enter, who said only two men exited the vehicle at the Leoville business.

Also, there is a discrepancy in the police statements regarding the ensuing pursuit. The stolen vehicle went briefly out of sight as it crossed a bush line, which is when it is believed Poundmaker and Martin exited the vehicle.

The accused stopped the vehicle shortly thereafter and surrendered himself to officers McKenzie and Kajner. In McKenzie's statement, she claims the accused resisted arrest, which prompted Kajner to punch the accused in the head.

In Kajner's statement, he mentioned neither the accused resisting arrest, nor that he punched the minor in the head.

The court also heard that the young offender is a bright student with potential. In fact, MacKinnon said the accused's school principal came to a previous hearing involving the minor, which is rare, according to MacKinnon.

Presiding Judge Violet Meekma said although the accused may have been influenced by Poundmaker and Martin, it doesn't explain the boy's involvement in the Classic Trading break and enter and theft, which neither Poundmaker nor Martin were involved in.

Judge Meekma also expressed concern about releasing the boy to his mother, who has a lengthy criminal record. Although the mother's last serious offence was a assault causing bodily harm in 2002, she is still on probation for stealing hair dye from Wal-mart last year. She also has 13 failure to appear charges for which she hasn't completed community service for.

Judge Meekma posed the question: "How can we expect [the accused] to do community service if his mother has never worked off any of her fines?"

"We all know Faith Poundmaker has a criminal record," said MacKinnon. "Indeed, we know her entire family has a criminal record."

MacKinnon went on to say the accused's mother wants a better life for her son, and even encouraged him to co-operate with police.

In the end, Judge Meekma was convinced, releasing the accused to his mother for $200, with the condition the accused not make contact with his grandmother or uncles, not be behind the wheel of a motor vehicle, to comply with curfew, complete community service hours from previous charges and to undergo an addictions assessment and treatment.

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