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Custodians:

Wesley Guzylak

Unless otherwise noted, reports on this page were written by M. Monastyrsky, CELOS researcher

Tuesday February 26, 2008

February 26 police press release

February 27 police press release

Toronto Sun

 

2:35pm Toronto Police Service puts out a press release saying there was a sexual assault in Dufferin Grove Park on Monday February 25. According to the report the victim was walking southbound on Dufferin when an unknown man grabbed her and forced her into park.

 

9:30pm Wesley Guzylak, 22, of Toronto, was arrested. He was charged with:

1) Sexual Assault,

2) Fail to Comply Recognizance.

He was scheduled to appear in court at Old City Hall on Wednesday, February, 27, 2008, 10 a.m.

Wednesday March 5, 2008

Guzylak appeared in court room 101. His mother, Danuta, was in court. Guzylak has 3 outstanding charges. 524 application. His lawyer is Maurizio Stellato. Case put over to March 18.

Tuesday March 18, 2008

Guzylak appears in court room 101. His lawyer says the defence isn't ready for a bail hearing. It will take time to put a supervision plan in place. It's a reverse onus case (i.e. the onus is on the defense to prove bail should be granted.) The case is adjourned until March 27.

Thursday March 27, 2008

Guzylak appeared in court 101, Old City Hall. His lawyer, Maurizio Stellato, was not present. He sent a message saying he was delayed by traffic. The case was remanded until the next day. The bail (show cause) hearing is postponed until April 1.

Tuesday April 1, 2008

Show cause hearing court room 101, old City Hall. The justice of the peace denies Guzylak bail. The evidence given at the hearing as well as the reasons for the decision are covered by a publication ban. Read more >>

Monday April 7, 2008

Mr. Guzylak appeared in court 111, Old City Hall at 2:30pm. His lawyer, Maurizio Stellato, was not present. After a brief discussion among the lawyers and the judge, the judge asked Mr. Guzylak if he would agree to appear in court room 112, where guilty pleas are made. Mr. Guzylak asked if he would have to plead guilty. He was told he wouldn't have to if he didn't want to. He agreed to appear in court room 112 on Monday April 14.

Monday April 14, 2008

10 am courtroom 112, Old City Hall. Guzylak is brought into court at 10:15. The judge wants to know why Guzylak has been brought in person. His lawyer, Stellato, says the defence has certain matters it needs to discuss with the Crown. The judge orders Guzylak to appear in person in courtroom 111 at 9am on Tuesday May 6.

2pm courtroom 114, Old City Hall. At 2:15 guards bring Guzylak into the court. He is handcuffed and wearing an orange jumpsuit. He is led to the prisoners' box and the handcuffs are removed. He is here for charges unrelated to the alleged sexual assault in Dufferin Grove Park. The justice of the peace orders Guzylak to come back to courtroom 114 on Monday April 28.

Monday April 28, 2008

2pm courtroom 114, Old City Hall. Guzylak's lawyer, Stellato, enters the courtroom at 2:30 and asks the uniformed court officers about Guzylak. Guzylak is brought into the courtroom. He has a big Afro. The braids he wore at previous appearances are gone. Stellato says a pre-trial is scheduled for May 2. The justice of the peace orders Guzylak to appear again in courtroom 114 in person at 2pm on Monday May 5.

Monday May 5, 2008

Guzylak is scheduled to appear at 2pm in courtroom 114. No one from CELOS is present.

Tuesday May 12, 2008

Wesley Guzylak was scheduled to appear in courtroom 111, Old City Hall at 9am. This doesn't mean he will appear exactly at 9. His case is only one of many scheduled for that time. After the court has dealt with many defendants who aren't in custody, the Crown attorney calls out Guzylak's name along with several other names beginning with G. One man in custody has already been brought upstairs and is sitting in the box. Guzylak isn't brought up. The Crown attorney calls out names beginning with H. Defendants sitting in the public gallery line up along the right side of the courtroom. Cases are dealt with quickly because the defendants are simply here to set dates for their next hearing or in some cases, trial.

 

At 11:10 screams are heard coming from downstairs where the prisoners are kept. A man is yelling F** off! F** you! A**hole! etc. At 11:40am court breaks for a recess. Court resumes at noon. The session only lasts fifteen minutes, because there are only a few cases to deal with. I wonder if this has something to do with the commotion downstairs earlier. I don't know. Court breaks until 2pm

 

Guzylak appears briefly at 2:10pm. His lawyer, Maurizio Stellato, isn't present. Duty counsel (a defense lawyer on duty to help defendants who either don't have a lawyer or whose lawyer isn't present) suggests a May 20 return date. The Justice of the Peace says May 20 in courtroom 112. He doesn't say what time.

 
Friday May 16, 2008
 

Summary: Wesley Guzylak plead guilty to one charge of assault for an incident that happened in September 2007 and one charge of possession of marijuana dating back to September 2007. A third charge of possession for the purpose of trafficking was withdrawn by the Crown. The judge gave him one year's probation. Guzylak remains in custody and still faces charges for sexual assault and failure to comply recognizance. These charges were laid on February 27, 2008.

 

What happened in court today: 10am Courtroom 504, College Park. The Crown attorney asks the court clerk to find out where Guzylak is. The clerk makes a phone call, then says Guzylak is in the Don Jail and hasn't arrived yet. After the judge arrives at 10am, she asks the Crown if he knows who Guzylak's lawyer is. The Crown says he thinks it's Stellato. A clerk looks through some papers and says Mr. Stellato has appeared several times for him. The judge asks the Crown if he has seen Stellato in the building. The Crown says he hasn't. Maurizio Stellato arrives at 10:10. The judge says since "we are waiting for priority matters" this could take some time. She says even after Guzylak arrives at College Park it may take some time before he is brought to court. She also suggests Stellato might like to have a few minutes to consult with his client. Stellato says he spoke to Guzylak yesterday, but that he would like to have "a few words" with the Crown ("my friend").

 

At 10:15 court adjourns for a half hour recess. As Stellato leaves the courtroom he says to the Crown, "Let's see if I can't make you an offer you can't refuse." Stellato has a conversation in the corridor with the Crown and a third man. Five minutes later, Stellato has a long conversation with Wesley's mother, Danuta. Stellato goes over to talk another man who may be a police officer. (This man later appears in court with the victim's family.) The man asks Stellato, "Is he here yet?" Stellato says he doesn't know. He goes to a phone on the wall between Interview Rooms B & C, then goes back to the other man.

 

At 10:40 Stellato enters the courtroom. He asks about his client. The court deals with two cases. A charge against an aboriginal woman is quickly dismissed after the Crown tells the court the complainant, a homeless man, can't be found. Next there is a guilty plea from a young black man who participated along with some friends in a robbery that involved a hunting knife. He receives a 9-month conditional sentence that includes five months of house arrest.

 

At 11:15 the JP tells the man to take a seat while he waits for a court officer to come and take a DNA sample for the database. The court clerk calls for Guzylak to be brought to the courtroom. The JP says the court officers may be short-staffed today. She says she heard that one of the vans that transport prisoners was in an accident and some people were hurt. The clerk stands up and says: "All rise. The court is in recess until further notice. Please exit the body of the court."

 

Guzylak is brought in at 11:30. He's wearing a green shirt and his hair has been braided and slicked down. While Guzylak is sitting in the box waiting for court to start, the lawyers chat among themselves casually. When court reconvenes, Stellato says something about there being "2 informations" He mentions assault, possession of marijuana and possession of marijuana for the purposes of trafficking. He says he has come to an agreement with the Crown. Guzylak will plead guilty to assault and simple possession but the Crown will withdraw the trafficking charge. Stellato asks Guzylak a number of questions that seem to be standard when a defendant pleads guilty:

 
  • Does the defendant understand he is pleading guilty?
  • Is the defendant doing this of his own free will?
  • Has he been coerced in any way?
  • Does he waive his right to a trial?
  • Does he understand that even though the defense and the Crown have come to an agreement, the final decision on sentencing rests with the judge?
 

The court clerk stands up and reads the charges against Guzylak. He reads quickly and I find it hard to keep up. He describes two events: one that occurred on September 2, 2007 and another that occurred on September 27. He asks Guzylak, "How do you plead?" Guzylak says guilty. One incident was an assault in which the victim received minor injuries. Guzylak helped the victim move. Sometime afterwards Guzylak came back and asked the victim for a phone number. When the victim said he didn't know the number Guzylak wanted, Guzylak assaulted him. The victim who was 67-years old was injured. A passerby called 911 and Guzylak was arrested. The police found 6.23 grams of marijuana on him.

 

When Stellato addresses the court he notes that Guzylak is in custody on other charges. He says Guzylak is 22-years old. He mentions some of the circumstances of Guzylak's life. He says the judge is familiar with Guzylak's background because she was at the "judicial pre-trial." Stellato points out that Guzylak's mother is single and raised him alone. He says Guzylak was under a great deal of stress at the time of the assault because his aunt was dying. He points out that earlier in the day he got along well with the victim. He says alcohol and marijuana contributed to Guzylak's actions. Stellato says his client "overreacted." Stellato says there's a legal precedant relevant to these circumstances, but he can't remember the name of the case.

 

There is some discussion between Stellato and the judge about what conditions should be placed on Guzylak. The discussion is fast and hard to follow. Previous charges are mentioned as well as how much time he has spent in pre-trial custody. The judge suggests there's no need for Guzylak to have further contact with the victim. Stellato agrees and that becomes one of the conditions. The judge mentions "section 110" and a weapons prohibition.

 

Guzylak is given a chance to speak. He turns around and looks for the family of the victim, which is sitting at the back of the courtroom with the man Stellato was speaking to earlier. Speaking with a soft voice, he says: "I did overreact. I would like to apologize to the victim and his friends and family in court." The family stares at him stone-faced.

 

The judge decides to give Guzylak one year's probation, which is different from a conditional sentence. She says "discharge." I found this document online: Conditional Sentences, Probation and Discharges

 

The judge waives the "victim surcharge" and says Guzylak won't have to supply his DNA to the databank. The judge says something about "secondary discretion." He will have to report to probation. He will have to take any counselling his probation officer orders and will have to sign any releases necessary to confirm he's taking the required counselling. He is prohibited from possessing any weapons and is to have no contact with the victim. He has to stay away from the address on Strathmore where the assault took place.

 
Tuesday May 20, 2008
 

According to the court clerk, Wesley Guzylak was supposed to appear in courtroom 112 at 10am. However, he wasn't brought in until 3:05pm. During his previous court appearances, Guzylak's lawyer was Maurizio Stellato. Today, however, he told the duty counsel that he has spoken to another lawyer (Jacqueline Freeman?), but she was not available to appear in court today. Guzylak said he had applied for legal aid. The judge ordered a "remand by video" on Tuesday June 3 at 2pm in courtroom 111.

 
Tuesday June 3, 2008

2pm Courtroom 111, old City Hall. Defendants begin to appear by video. Yesterday's technical problem hasn't been fixed. People in the courtroom can see and hear the defendants. The defendants can hear the lawyer and JP but can't see them. The screen at the other end is blue.

Wesley Guzylak comes on screen at 2:30. The JP asks him if he has a lawyer. He says he's in the process of getting one. He has made an application for legal aid, but the person dealing with it is on vacation until June 9. The JP asks if Guzylak would like to come back the day after the person is back. He says that's fine. The JP sets the next court date for Tuesday June 10 at 2pm. He will appear again by video in courtroom 111.

Tuesday June 10, 2008

Shortly after 2pm Guzylak made a brief appearance by video in courtroom 111. There is an ongoing problem with the video in 111. People in 111 can see and hear the people at the jails, but the people on the other end can't see what is happening at old City Hall. The audio is working but not the video. The duty counsel asked him if he had a lawyer. Guzylak said he was in the process of getting one. Duty counsel asked if he had a lawyer in mind. Guzylak answered "Jacquie Freeman." He said he had applied for legal aid and was waiting for an acceptance letter. He didn't have the letter yet because Freeman had been on vacation and only came back yesterday. The JP, lawyers and Guzylak agreed he should come back to courtroom 111 by video on Tuesday June 24 at 2pm.

Thursday June 12, 2008

Guzylak appeared briefly in courtroom K, old City Hall. He was brought to the court in handcuffs at 10:30am. He was in court today because of a incident last September involving his former girlfriend. He was accused of knocking her down and charged with assault. He came to court today to sign a peace bond promising not to have any contact with his former girlfriend. His lawyer, Maurizio Stellato, challenged some of the details of what the Crown claimed happened last September. He presented Guzylak with a document, which Guzylak signed. Before Guzylak signed, the judge asked him if he understood what he was signing. The judge pointed out that a peace bond has the force of a court order. The Crown attorney asked Stellato if it was true Guzylak had no record. Stellato said that was true until recently. On May 16 (see above) Guzylak plead guilty to assault and simple drug possession. After Guzylak was led out of the court, Stellato went out in the corridor to talk to Guzylak's mother, Danuta. Stellato no longer represents Guzylak in the February 2008 sexual assault case.

Tuesday June 24, 2008

Guzylak was on the 2pm video list in courtroom 111. The Justice of the Peace (JP) was Cresswell(?). He appeared briefly at 3:35pm. He was asked if he had a lawyer. He said he was hoping Jackie Freeman would be his lawyer but she hadn't been retained yet because he was still waiting for an acceptance letter from legal aid. His court appearance lasted about a minute. He was told to appear again in courtroom 111 on Tuesday July 8 at 2pm.

Tuesday July 8, 2008

Guzylak is on the 2pm video list in courtroom 111. He appears briefly at 2:50pm. The Justice of the Peace asked if he had a lawyer. He says no. He had to put in a second request for legal aid, because the legal aid office didn't receive the first one. He is told to appear again in courtroom 111 on Tuesday July 22 at 2pm.

Tuesday July 22, 2008

Guzylak made another short appearance by video. It lasted at most 2 minutes. As in previous appearances, he was asked if he had a lawyer. Once again, he said he was hoping to retain Jackie Freeman but he can't hire her until he receives a letter from legal aid. He was told to come back by video at 2pm on Tuesday August 5.

Tuesday August 5, 2008

Guzylak is supposed to appear at 2pm by video in courtroom 111, but I make a mistake and miss his appearance.

Thursday August 7, 2008

I call the court clerk at old City Hall (416-327-6171) to ask for Guzylak's next court date. There's no date in the system. The person I speak to asks when he was last in court. I say he was there on Tuesday. I am told that's too recent and it will take a day or more before a new date is entered into the system. He says I might trying calling back tomorrow.

Monday August 11, 2008

I call the court clerk at old City Hall (416-327-6171) to ask for Guzylak's next court date. The clerk I speak to says there are no future dates showing. I ask how I would find out if Guzylak has made a plea. I am told to call the records office (416-327-6297). I call the office but no one is there.

Tuesday August 12, 2008

At 3pm I go to the clerk's office in old City Hall to ask for Guzylak's next court date. His name is still in the system, but no court date is entered.

Monday August 18, 2008

by Jutta Mason, CELOS researcher

At 10.30 a.m. the court clerk says the August 5 information has not yet been updated. She sounds frustrated. She gives a number (416 327-5614) for another office where she says they can read directly from the docket. The person who answers listens to the request and then transfers the call to another number. That person goes and looks it up and says the next court date is August 19 at 2 pm by video, courtroom 111.

Tuesday August 19, 2008

Guzylak is on the 2pm video docket in courtroom 111. When court reconvenes at 2pm, there is a problem with the video. The clerk can't turn on one monitor and there's no sound on the second. The Justice of the Peace asks the first person on the video docket to nod if he can hear. He nods. The video system is turned off and then turned on again. That seems to fix the problem. Both screens are on and prisoners can talk to the court.

Guzylak appears at 3:05pm. He says his lawyer is Jackie Freeman. Guzylak asks if there's any disclosure. Crown attorney Rebecca Edwards says "There is a lot of disclosure." The date April 22 is mentioned. I think disclosure has been ready since that date. There is a brief discussion about Guzylak's counsel picking up disclosure. Guzylak asks to return in a week. The JP says no. He can come back in two weeks, Tuesday September 2, 2008 2pm by video.

Tuesday September 2, 2008

Guzylak is on the 2pm video docket in courtroom 111. He comes on screen from the Don Jail at 2:35. The duty counsel has a message from Guzyalak's lawyer, Jackie Freeman. The duty counsel reads out two letters Freeman has written. I can't hear clearly what she is saying, but I believe the two letters were sent to the Crown office and have to do with a problem with disclosure. The defense says it's still waiting for disclosure. The Crown attorney says disclosure has been available since August 20. He says disclosure "has been sitting here." The Justice of the Peace, L. Saab, remands the case (sets a new court date) to Tuesday September 9 at 2pm. She says the purpose of the appearance is "to pick up disclosure."

Tuesday September 9, 2008

Guzylak is on the 2pm video docket in courtroom 111. He appears at 2:40pm. His lawyer, Jackie Freeman, has left a message with the duty counsel. The message says the defense has made repeated requests for disclosure. The Crown attorney says the disclosure is ready and waiting to be picked up. The Justice of the Peace says "There's a huge amount of disclosure." He decides Guzylak will appear in courtroom 112 tomorrow at 10am so that his lawyer will come in and pick up the disclosure

Wednesday September 10, 2008

Guzylak is on the 10am docket in courtroom 112. Shortly after 10, his lawyer appears before the judge. She says there is an issue of disclosure and asks that Guzylak be moved back to 111. She then goes to 111. However, I can't follow her because I have to stay in court for Jerry Leblanc.

Monday September 15, 2008

I called the court clerk's office. Guzylak's next appearance is tomorrow: Tuesday September 16 at 2pm by video in courtroom 111.

Tuesday September 16, 2008

Guzylak is on the 2pm video docket in courtroom 111. His lawyer Jackie Freeman has left a message with duty counsel. She is waiting for the Crown attorney to return her call about the pre-trial. Crown attorney Flaherty says he has been available for a pre-trial "for some time now." The JP tells Guzylak to come back to courtroom 111 by video at 2pm on September 23.

Tuesday September 23, 2008

Guzylak is on the 2pm video docket in courtroom 111. He appears at 2:35. The JP tells him to come back at 2pm on Tuesday September 30.

Tuesday September 30, 2008

Guzylak is on the 2pm video docket in courtroom 111. He appears at 2:25. His lawyer, Jackie Freeman, has left a message with the duty counsel. Freeman says she wants Guzylak to come back tomorrow in person because he needs to apply for legal aid. Crown attorney Flaherty asks if he is coming to make a plea. The answer is no. The Justice of the Peace says Guzylak should come back to 111 tomorrow morning at 9am.

Wednesday October 1, 2008

Guzylak is on the 9am docket in 111. He is supposed to appear in person. However, when the court recesses at 11 for a half-hour break, he still hasn't been brought in. When court reconvenes at 11:40, Guzylak's lawyer, Jackie Freeman, addresses the court, but Guzylak isn't there and I don't hear his name mentioned. When court recesses for lunch at 1, Guzylak still hasn't appeared. Outside the courtroom I approach the Crown attorney on duty, Delgato to ask if he will be appearing later, but she doesn't recognize the name. This isn't surprising since she's dealing with a lot of accused people today. She suggests I ask the duty counsel. Court resumes at 2. Guards bring Guzylak to the defendant's box at 2:10. He's neatly dressed. He wears a blue dress shirt and has corn rows in his hair. His appearance lasts about a minute. The duty counsel has a message from Guzylak's lawyer. He says something about a pre-trial. The Justice of the Peace ask Guzylak to come back to 111 in person at 9am on Friday October 3, 2008

Friday October 3, 2008

Guzylak is scheduled to appear in person at 9am in courtroom 111. No one from CELOS is present.

Tuesday October 7, 2008

The clerk at old City Hall tells CELOS Guzylak's next court date will be at 9am on Tuesday October 14 in courtroom 111.

Tuesday October 14, 2008

Guzylak is on the 9am docket in courtroom 111. When I arrive at old City Hall, I check the printout of the docket that's available in the provincial Crown's office. The printout confirms that Guzylak is scheduled to appear at 9 and that he's still facing two charges.

Waiting outside the courtroom, I'm surprised to see Guzylak on his own outside the corridor, because the last time I saw him he was still in custody. He is wearing blue jeans, a blue T-shirt with New York written on it and black track shoes. Although court starts at 9, Guzylak doesn't appear until 11:30. The court may be busy today because Monday was a holiday and some of the cases that normally would have been heard yesterday are being dealt with today. In any case, the courtroom is packed with lawyers and accused.

When Guzylak stands before the Justice of the Peace, duty counsel says she has a message from Guzylak's lawyer, Jackie Freeman. Freeman wants Guzylak's next appearance to be on February 17. The Crown objects saying that's the date of the case management meeting and Guzylak should appear before then. She also says a preliminary hearing is set for May 4. The JP agrees that Guzylak should appear before February 17. Guzylak says he has a new job that makes it hard for him to appear in court. The JP says he should contact his lawyer and have her file a designation so she can appear for him in court. The JP asks if his lawyer is fully retained. Guzylak says yes. The JP sets the next court date for 9am Tuesday November 25 in courtroom 111.

After Guzylak leaves the courtroom I approach him and introduce myself. I tell him I have been following his court case because CELOS is interested in how the police and justice system treat people accused of crimes. I ask him if he was released because a limit had passed on how long he can stay in jail without going to trial. He tells me his lawyer told him he was released because the judge thinks the Crown's case against him is weak. I don't know for sure but I think his release was the outcome of the judicial pre-trial that was mentioned at other times in courtroom 111. I also ask him if he had a rough time at the Don Jail. He says it was rough. Finally I ask if he thinks he has been treated fairly by the justice system. He says it's hard for him to say but from his point of view he doesn't think he's been treated fairly.

Tuesday November 25, 2008

Guzylak is on the 9am docket in courtroom 111 (set-date court), Old City Hall. He is supposed to appear in person. Court starts late at 9:15. Justice of the Peace Cresswell was delayed for some reason. I look around the crowded courtroom, but don't see Guzylak. He comes in at 9:45, but walks out again. The benches are full and he may have had trouble finding a seat. He comes back in at 10.

The first hour or so of court is taken up by cases for which a lawyer is in court. These are called "counsel matters" and are given priority over the cases of people who don't have a lawyer with them. After the court finishes with counsel matters, the Crown attorney starts calling out lists of names alphabetically. At this point, the man sitting on the bench next to me who has been grumbling about how slow things are moving says, "It's over. Call them out and line them up." He's obviously been here before. The process in 111 resembles an assembly line or a cattle call, take your pick. Names are called, matters are dealt with briefly and a new court date is set.

At 10:35, Guzylak is called along with other names beginning with 'G'. When his turn comes, the Crown attorney says he has a preliminary hearing coming up. I have trouble hearing because the man next to me keeps talking, but I think I hear the date January 20. The Crown has some further disclosure, which she hands to Guzylak. She also tells him his lawyer, Jacqueline Freeman, needs to talk to the Crown attorney assigned to the case. Cresswell tells Guzylak Freeman needs to talk to the Crown before the preliminary hearing, because the Crown is trying to resolve some issues. Again, I have trouble hearing because of the talking in the benches and other noise, but I think Cresswell tells Guzylak to come back to 111 on December 9. I will have to check that date with the court clerk.

Monday December 8, 2008

The clerk's office at Old City Hall tells me Guzylak's next court date is January 20 in courtroom 111.

Tuesday January 20, 2009

Guzylak, who is out on bail, is on the 9am docket in courtroom 111, Old City Hall. At 9, he is sitting in the front row of the public benches. His mother, Danuta, is also in court. Guzylak has a cast on one of his legs and is using crutches. His name is called at 10:30. The Crown attorney says there have been some consultations with the defence. The JP tells Guzylak to return to 111 at 9am on Tuesday April 7.

Tuesday April 7, 2009

Guzylak is on the 9am docket in courtroom 111. Guzylak and his mother enter the courtroom after the court session starts. The Crown calls out his name along with many others at 9:55. When it's Guzylak's turn, the Crown attorney, Ms. Neilson, asks the clerk a question, but I can't hear because some people in the court are talking. I think I hear the words 'vacate' and 'trial', but I'm not sure. The Crown asks the Justice of the Peace to bring Guzylak back to 111 at 9am Tuesday May 5.

Up until now, I haven't heard anything in court about a trial, but thinking I may have heard the word in court today, I want to make sure that I haven't missed anything. I go to the clerk's office on the second floor and ask for Guzylak's court dates. The only date in the database is today's appearance.

In the afternoon, I approach the Crown, Ms. Neilson, outside 111. I introduce myself and tell her I work for CELOS. She wants to know what CELOS stands for. I tell her Centre for Local Research into Public Space. I explain I'm working on a court research project and I'm following Guzylak's case in part because there were a lot of concerns in Dufferin Grove when police and media reported there had been a sexual assault in the park.

I mention that I thought I heard the word 'trial' in court today. She tells me there isn't going to be a trial. She also says that if people at Dufferin Grove have worries about what happened last February, they shouldn't because "It's not that kind of case." She says this is not a situation where there are likely to be attacks on strangers in the park. She can't say anything more, but she tells me if I'm interested in the final outcome I should be in court on May 5, because the case will probably be resolved then.

Tuesday May 5, 2009

Guzylak is on the 9am docket in courtroom 111. At 9:25 Crown attorney Neilson says that Guzylak's "information" should be sent to courtroom 116. Justice of the Peace Cresswell says 116 is the "assist-bail court". Cresswell says Guzylak may have been arrested. His lawyer, Jackie Freeman, says "That's news to me." Cresswell says "They don't tell us until the last minute. Security reasons." It's not clear what he means.

At 10:10 guards lead Guzylak into 116. He is wearing handcuffs. There is a brief conversation between Freeman and the Crown attorney on duty. Freeman mentions that the defence is waiting for a letter. The Crown attorney on duty says the Crown will be making a "524 application" which means it will be seeking to revoke Guzylak's bail. She asks that Guzylak be brought back to courtroom 101 tomorrow at 10.

Tuesday May 12, 2009

Guzylak is on the 9am docket in courtroom 111. He is brought up from the cells at 11:45. His mother Danuta is in court. Twenty minutes after he is brought up, Crown attorney Neilson addresses his case. Guzylak's lawyer, Jackie Freeman, isn't in court, but has left a message with duty counsel. Duty counsel says Freeman expects the Crown will be withdrawing the charges. Neilson says that's not true. She says the Crown has talked to people at Dufferin Mall Youth Services where Guzylak has received counselling as well as to the complainant. The Crown has decided the best way to deal with the matter is to stay the sexual assault charge and to withdraw the three charges of fail to comply bail conditions. Neilson says Guzylak has been a "star pupil" at Dufferin Mall Youth Services and according to staff has been somewhat of a "mentor to young people" there. She says he is free to go but warns him not to get into any more trouble. Justice of the Peace Cresswell says "As far as the court is concerned, you are free to go." Guards take Guzylak back downstairs to process his release.

After court I speak briefly to Neilson. I ask her to explain the difference between staying and withdrawing a charge. She says staying the charge means there is a period of a year in which the charge could be reinstated if Guzylak gets into more trouble. Asked if Guzylak still has to go to counselling, she says he no longer has to, but he will be going anyway. She says he has been going to Dufferin Mall Youth Services even on days he doesn't have to. She says the staff there believe he's on the right track. Neilson says the Crown was handed a "difficult case" and there was no guarantee of a conviction.


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