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Accused shooter seeks bail
Lawyer states Crown's case 'substantially weakened' at preliminary hearing

Shane Magee
Northern News Services
Friday, August 26, 2016

SOMBA K'E/YELLOWKNIFE
A man charged in connection with a shooting and high speed chase last year is seeking bail after multiple charges against him and a co-accused were dropped.

Travis William Campbell, 28, of Langley B.C., is charged with attempted murder, dangerous operation of a vehicle and reckless discharge of a firearm. Another man arrested with Campbell, Brendan David Paul, 20, of Yellowknife, faces a charge of being an accessory to attempted murder.

Both men initially faced more than a dozen charges in connection with the events of April 27, 2015. That's when 10 shots rang out between the Fraser Arms apartment buildings at the south end of 51 Street, leaving one man with a gunshot wound to his shoulder followed the same night by a high speed chase through the city that ended in Grace Lake North.

A preliminary hearing was held Feb. 15 to 19 and June 6 to 8 this year to determine if there's strong enough evidence to proceed to trial on charges against the men.

Yellowknifer did not attend the hearings but later reviewed the case file. A standard publication ban was imposed on evidence presented at the hearing.

Following the hearing, the Crown prosecution withdrew multiple charges against the two men, including one against Campbell for the attempted murder of a bystander who was on a third floor balcony at Fraser Arms. The man was trying to write down the licence plate of a vehicle involved in the shooting when a gunman began firing at him.

"There are many reasons why charges can be withdrawn but in a case like this it is mainly because we don't have the evidence to continue with these charges," said Crown prosecutor Annie Piche.

The man who was shot in the shoulder did not testify at the preliminary hearing, according to court records. Liberty Law, an Edmonton-based legal firm representing Campbell, requested several times for the Crown to provide information about the prosecution's attempt to serve an order for the shooting victim to appear at the hearing, copies of which are included in the court file. The documents indicate the man "could not be found."

Piche said a subpoena was issued but wasn't served, adding she couldn't comment on what happened. Records indicate the shooting victim was scheduled for multiple appearances in family court between the first phase of the preliminary hearing and its conclusion in June.

"It did not appear to be difficult to locate him either directly or through his counsel," a document filed by Liberty Law states.

Campbell had been charged with attempted murder for the man shot; attempted murder for the man on the balcony; possession of a handgun obtained by crime; failing to stop at the scene of an accident on Williams Avenue; evading arrest; and dangerous operation of a vehicle.

Paul was charged with acting as an accessory to Campbell knowing he had allegedly committed attempted murder; a break and enter on Kasteel Drive and stealing a firearm; failing to abstain from having a prohibited weapon; failing to reside at a specified residence; failing to abstain from having a prohibited weapon; and failing to comply with a curfew.

Both men were jointly charged with transporting a handgun.

quoteCase 'substantially weakened'quote

A document filed by Liberty Law in August outlines how the case against the two has changed and argues Campbell should be able to have his bail reviewed.

"There have been major changes in the circumstances (that require) a review of whether or not the applicant is entitled to bail and if so on what conditions," the application in support of Campbell's bail review states. He's set to have that application heard Sept. 13 in NWT Supreme Court.

Paul's bail was set for automatic review Monday but he waived the review, according to Crown prosecutor Morgan Fane. A lawyer for Paul could not be reached by press time.

Much of the document filed in support of Campbell's review relates to information subject to publication ban.

However, it ends by arguing the result of what's transpired is that the case against Paul and Campbell is significantly different than when they were previously denied bail.

A legal assistant wrote that in the view of lawyer Brian Beresh, "the evidence given at the preliminary inquiry was not as helpful as the prosecution had originally expected. In (Beresh's) opinion, the case for the prosecution has been substantially weakened."

Piche, asked Wednesday about the strength of the Crown's case on the remaining charges only said that with the charges that remain the prosecution's view is that there is "a reasonable prospect for conviction - that's our position."

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