A 30 year-old man facing 50 charges, including voyeurism and prowling by night, was back in Saskatoon court on Friday.
A judge granted Kyle Hameluck bail in May, but the Crown is challenging that order, asking for him to be held in custody until his trial.
Crown prosecutor Evan Thompson argued the bail judge under-emphasized the seriousness of the voyeurism and breach of probation charges against Hameluck, and did not fully consider the safety and security of the victims and women in the community.
After a 14-month police investigation in 2017, Hameluck pleaded guilty to charges of voyeurism and indecent exposure – he served 27 months in jail.
His current charges stem from incidents alleged to have occurred between January 2018 and March 2019 in the University area.
During Friday’s bail appeal, the Crown presented new evidence that wasn’t available during Hameluck’s original bail hearing in May.
The Crown said his risk to the public and the “troubling nature of his criminal history” justifies revoking his bail.
Defense lawyer Chris Lavier, acknowledged the “serious intrusions of privacy” calling them “hurtful” for the victims – but said Hameluck is not a risk to the public.
Putting him back in jail “misplaces the presumption of innocence” Lavier argued, adding he can be safely managed in the community.
Lavier also said Hameluck is actively seeking work and asked the court to consider extending his curfew for the purposes of employment.
The Crown did not consent to the extended hours for “an undefined job opportunity during the hours of the day when people are getting dressed, getting showered, and changed in their homes.”
Hameluck remains out on bail and is living with his girlfriend. He’s under strict conditions including a curfew and electronic monitoring.
Thompson previously told Global News reversals of bail decisions are rare. The appeal is based on if there was an error of law, new evidence, or the decision was unreasonable.
The judge has reserved her decision on the appeal until a later date.