Josef Pavlik, accused of taking part in an October 2019 home invasion in Penticton, was denied bail in a recent ruling in B.C. Supreme Court.

(STEVE ARSTAD / iNFOnews.ca)

The man accused of taking part in a Penticton home invasion in which shots were fired last October will not be released from custody, in spite of court delays and fears of COVID-19 infection in the province’s correctional centres.

Josef Pavlik, born in 1982, is accused of robbery with a firearm, amongst other charges related to an incident that took place on Oct. 2, 2019, when police allege he and an accomplice broke into a Winnipeg Avenue address, firing a handgun and demanding money from the residence’s two occupants.

Pavlik also faced charges of breaching release conditions during a Nov. 19, 2019 bail hearing in which he was denied bail. Pavlik was back before the courts on April 8 seeking bail after being in detention for more than 90 days without a trial having commenced.

Pavlik's plan to the judge involved his residing at his mother’s home in Summerland along with his mother, spouse and their newborn child.

Pavlik said he would remain at the property 24 hours a day, under supervision using electronic monitoring.

However, due to COVID-10 restrictions, the electronic monitoring program is not available.

He also sought release on humanitarian grounds, arguing remaining in custody could expose him to the novel coronavirus.

Pavlik argued court delays due to the pandemic could affect his scheduled August court date, lengthening his jail time prior to trial unreasonably.

He also pointed out a number of programs he had taken while in custody, including programming to assist in recovering from drug addictions and courses relating to potential employment opportunities.

In a decision posted online this week, B.C. Supreme Court Justice Steven Wilson took note of Pavlik’s extensive record of breaches, including 19 convictions for breach of recognizance and eight convictions for breach of probation.

The judge said it was impossible to trust Pavlik would comply with any order of the court not accompanied by continuous independent supervision such as that provided by an electronic monitoring program.

Wilson also noted the severity of Pavlik’s crimes would likely result in a longer jail term than he would currently serve while waiting for trial.

The possibility of acquiring the COVID-19 virus was also disputed by the judge, who noted Pavlik was not in the high risk group. The judge pointed out  the Okanagan Correctional Centre had a single reported case of COVID-19 in which the inmate, showing only mild symptoms, was quarantined and recovered.

The judge said the risk of COVID-19 was not an overriding factor when compared to other considerations, concluding Pavlik’s further detention was justified.

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