By RASHAD ROLLE
Tribune Senior Reporter
rrolle@tribunemedia.net
PETER Nygard will remain in jail while fighting extradition to the United States.
Nygard was charged in the Southern District of New York in December on various racketeering and sexual assault offences.
In Canada, Manitoba Court of Appeal Justice Jennifer Pfuetzner recently dismissed Nygard’s appeal of a lower court’s bail decision.
CBC Canada reported that Nygard had argued that the first judge, Manitoba Court of Queen’s Bench Justice Shawn Greenberg, made several errors in principle in her decision and that changes in bail plans since then made his detention unnecessary.
The addition to Nygard’s bail plan involved constant monitoring of his computer and cellphone.
Nygard’s defence had submitted that the court order more conditions, like restricting his visitors to only medical and professional advisers, who would be monitored by a guard.
However, the appellate judge found that would bar Nygard’s sureties from supervising him, making the plan as a whole “impracticable”.
“She said she wasn’t convinced the new plan addressed the flaws Greenberg noted in the original,” CBC Canada reported. “But Pfuetzner said even if she’s wrong on that point, Nygard’s detention is still necessary to maintain confidence in the administration of justice.
“I say this having regard not only to the revised bail plan, but to all of the factors considered by the application judge, including the ‘extreme’ nature and scope of the allegations which paint a picture of criminal conduct that was planned, financed and executed on a staggering scale.
“Nygard’s appeal also argued Greenberg improperly relied on bail letters from the United States Attorney for the Southern District of New York — an assertion Pfuetzner dismissed.
“Those letters alleged that over the past several decades, Nygard ‘has repeatedly engaged in efforts to obstruct justice and tamper with potential witnesses against him.’ The letters claimed that included paying witnesses to provide information Nygard knew was false, monitoring contact between victims and US law enforcement and providing false information to witnesses.
“The appeal claimed those letters were an attempt by the United States to exaggerate the strength of its case for extradition and provide a false impression that Nygard is unwilling to follow court orders.”
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