Case of Lindsay, Ont., man charged with assaulting home intruder put over to December

The lawyer for a Lindsay, Ont., man who is charged with assaulting an alleged home intruder says “all options” will be discussed with Crown attorneys as they review the evidence in the case.

The matter was briefly addressed in a Lindsay courtroom on Thursday and adjourned to Dec. 18.

Jeremy David McDonald is facing assault charges after he confronted Michael Kyle Breen, who allegedly carried a crossbow as he broke into McDonald’s apartment on Aug. 18.

McDonald was charged with aggravated assault and assault with a weapon, while Breen was charged with several offences including break and enter and possession of a weapon for a dangerous purpose.

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McDonald’s lawyer Steven Norton, who appeared on his behalf in court, said the case was put over until December to allow the standard review of evidence and discussions, including whether there is a reasonable prospect of conviction.

“Currently, the matter is adjourned for the purposes of reviewing disclosure and conducting the Crown pretrial, which is essentially defence lawyer discussing the strengths and the weaknesses of the Crown’s case with the Crown,” he said.

Norton said it’s “far too early to speculate” how the Crown will proceed.

“I do maintain confidence that, in due course, Mr. McDonald will be exonerated,” he added.

Breen also appeared in court Thursday and his case was postponed to Oct. 9

The case has generated widespread interest, with Ontario Premier Doug Ford saying the decision to charge the apartment resident shows “something is broken.”

Kawartha Lakes Police Chief Kirk Robertson has said he recognizes the incident has generated significant public interest and “emotional” responses, but called some of the reaction “unjust and inaccurate.”

Robertson wrote in a statement last month that individuals have the right to defend themselves and their property, but the law requires that any defensive action be proportionate to the threat faced.

“This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances,” he wrote.