TSC

The Tyendinaga Support Committee is a group in Toronto working to gather support for the Mohawks of the Bay of Quinte (Tyendinaga Mohawk Territory) in their struggles for land and justice and against criminal prosecution. To get involved, to lend your support, or if you have any questions, please email: support.tmt (at) gmail.com

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August 30, 2007

SHAWN BRANT RELEASED FROM CUSTODY!

Shawn Brant's preliminary hearing wrapped up August 30 in Napanee. The hearing ran from Monday, August 27 to Thursday, August 30 and ended with the defence taking a stab at getting the bail reviewed so Shawn might be released from jail pending trial.

There is a publication ban on both the preliminary hearing and the bail review that was held at the end which means nothing can be published about the evidence introduced in either. But we are able to publish the following information.

In a most surprising move, the judge agreed to release Shawn Brant on the following conditions:

* $50,000 cash bond posted
* additional $50,000 surety
* house arrest for 30 days
* no protests
* curfew
* carry release papers on his person at all times
* remain in Ontario
* maintain daily contact with his sureties
* report to Napanee OPP once a week
* not to attend at the quarry which is currently being occupied on the Culbertson Tract beside the reserve

Just before the preliminary hearing it was disclosed that Shawn Brant's cell phone had been wiretapped for the 28-29 of June without the authorization of a judge. It was done under a section of the criminal code that is reserved for exceptional emergency circumstances in which it is critical to have a wiretap and there simply isn't time to go before a judge and justify why such a measure is in order. This section is typically used in circumstances like kidnappings.

The judge ruled that there is enough evidence for Shawn to have to stand trial on all 9 charges arising from the April and June 2007 blockades. 2 new charges were added recently -- regarding VIA Rail -- so now his charges include 2 indictable mischief charges for allegedly blockading the CN rail line in April and June, as well as 2 NEW indictable mischief charges for allegedly interfering with VIA rail's use of the CN line through the blockades). Shawn now faces a total of 6 indictable mischief charges as well as the 3 breach of bail -related charges. The maximum penalty for each mischief charge is 10 years, there is no minimum sentence.

There is a courtdate in October at which time a jury trial date will be set, likely for April or May 2007.

On Thursday afternoon, Shawn's leg shackles (which he wore in court all week) were opened in the courthouse and after signing a few papers he headed home with his wife Sue. There were a whole lot of hugs and two very happy little kids climbing all over their dad.