Nygard bail appeal enhances communications monitoring

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This article was published 28/02/2021 (1396 days ago), so information in it may no longer be current.

An updated bail plan for jailed fashion magnate Peter Nygard is “significantly more robust” than the one that failed to win his release last month, his lawyers say in newly filed court documents, including measures to monitor all his telephone calls and electronic communications.

Nygard, who has added high-profile Toronto lawyer Brian Greenspan to his legal team, is appealing an order by Queen’s Bench Justice Shawn Greenberg last month denying him bail as he awaits possible extradition to the U.S. on sex trafficking and racketeering charges.

“There has been a material change in circumstance since the applicant’s detention in that the proposed plan of release is significantly more robust than the one presented to the learned justice,” said a notice of application to the Manitoba Court of Appeal signed by Greenspan and Nygard’s Winnipeg lawyers Jay Prober and Richard Wolson.

Greenberg ruled security and monitoring measures Nygard proposed putting in place to satisfy justice officials he would not flee from a $1-million John Bruce Road home would do nothing to prevent him from tampering with alleged victims or witnesses by phone, or having someone do it on his behalf.

Now, Nygard’s legal team is proposing installing sophisticated monitoring software on all of Nygard’s cellphones and electronic devices that would alert a monitoring service of any suspect communications.

“This software can generate detailed comprehensive reports showing all internet and application activity and which can monitor texts and calls,” as well as emails, browsing history and GPS location data, said Matthew Musters, a forensic investigator with Computer Forensics Inc., in an affidavit filed in support of Nygard’s appeal.

“Should this honourable court see fit to release (Nygard) pending his extradition hearing, I would personally monitor his mobile telephones and computer devices and provide the daily reports generated by (monitoring software) to the court or anyone approved by the court,” Musters said.

Nygard’s notice of application details 20 grounds for appeal, including his age, failing health and vulnerability to contracting COVID-19 should he remain in custody, and an allegation Greenberg improperly shifted the onus from the Crown to Nygard to satisfy the court whether he was a candidate for release.

Nygard’s lawyers argue they need to meet with him on a regular basis if they are to mount a defence, something that isn’t possible if he remains in custody.

“Given the complexity of the matter and the fact that the allegations date back approximately 25 years, this process will be extensive, likely requiring hundreds of hours with his counsel,” says the notice of application. “That will effectively be impossible should the applicant remain in custody given the restrictions caused by the pandemic.”

Nygard is being held in segregation at Headingley Correctional Centre. Sources told the Free Press last week Nygard had been taken to the jail infirmary, though it was unclear why.

Reached by phone Monday, Wolson said he was unaware if Nygard had been taken to the infirmary.

“To my knowledge that has never occurred, but I don’t know that for a fact,” Wolson said before declining further comment.

No date has been set for an appeal hearing.

dean.pritchard@freepress.ca