Whitehorse Daily Star

Assault charge stayed after peace bond signed

A Haines Junction man has signed an eight-month common law peace bond stemming from an assault charge that was stayed by the Crown.

By Gord Fortin on June 22, 2018

A Haines Junction man has signed an eight-month common law peace bond stemming from an assault charge that was stayed by the Crown.

Michael Eric Bradasch, 52, was in territorial court Tuesday for trial before Judge Michael Cozens.

The assault charge stemmed from an incident on Sept. 6, 2017 at a cabin near Silver City.

Crown prosecutor Leo Lane called Bradasch’s mother, Virginia Allen, as a witness.

Allen testified that she and her son were at a family cabin at the time of the incident. She is the legal owner, though Bradasch built it more than a decade ago. She said she paid $1,000 to him, and he asked her to be there.

Allen said she usually goes there during the summer months to relax. She said there were other family members and friends there the day of the incident.

Allen explained the group uses the location as a place to go – a healing area – when they want to quit drinking.

Lane asked what Bradasch had been doing that day. Allen said he was at her sister’s cabin – on the same property – doing some gravel work.

In the afternoon, two more guests arrived, and their presence threw everything off, court heard.

These visitors flashed a bottle of alcohol in front of Bradasch and tried to pressure him into drinking, Allen testified.

She said he refused, and tried to get one of them to leave. One wanted to go hunting with Bradasch, who again refused the offer. This person decided to go hunting alone.

Allen next told the court that Bradasch drove the second person back to Haines Junction.

She originally said she could not estimate how long he was gone, but later testified that he was back just before supper.

Lane asked if she saw Bradasch return. Allen said she did not. She only knew he was back because someone had told her.

Allen said Bradasch appeared fine overall when he returned, but seemed a little drunk. Lane asked her how she knew that.

“I know my son,” she said. “I know when he drinks and I know when he’s sober.”

Allen told the court that she, Bradasch and the other friends and family were talking outside of her cabin. The night took a turn for the worse when Bradasch asked Allen for $40.

She said she did not know why he asked for the money, but later testified she had assumed it to buy more alcohol. She said she refused because she did not have the money.

Allen said she then walked into the cabin. She stopped when she heard a noise that she described as the screen door being punched in.

Lane showed her a diagram of the layout of the cabin and asked where she was. Allen looked confused at this, and asked how Lane had obtained the diagram of her property without her permission.

Lane said it had been obtained from an investigation on a different matter. Allen said all this information was in her report to the RCMP.

Lane explained that he had seen that report but Cozens had not, and needed its information.

Allen said everything happened so fast the day of the incident, it was hard to remember. She recalled turning around and seeing her son behind her inside the cabin on the porch, appearing upset.

Allen said she knew he was upset because he punched the door, leaving a dent, though not a hole, in the screen.

Lane asked how this made her feel. Allen said she didn’t know. She thought he may be upset over the $40 request.

“I was afraid,” she said. “I didn’t know what was going on.”

She told the court she looked for something she could use to defend herself with. She found a brush axe for protection and held it with the blade pointing down.

Lane asked what her plan was. She didn’t remember if she stepped toward her son or stepped back, but did remember Bradasch walking up to her.

She told the court he grabbed her collar. She said he did not choke her, but grabbed her with both hands.

She put the axe handle between them.

Allen told Lane she had no idea how much force Bradasch used. She next testified that the other people at the cabin eventually intervened and got Bradasch to let go.

She said everyone ended up falling over in the effort to subdue Bradasch. She fell on the floor, she told Lane.

Soon afterward, she expressed discontent with the questioning, believing it was a mistake to go to court and adding she was feeling ill.

Lane said the court could take a break. Allen agreed.

After a break in proceedings Allen agreed with, Lane announced that he and Bradasch’s lawyer, Malcolm Campbell, had reached an agreement. Lane said he was willing to stay the assault charge if Bradasch signed the common law peace bond.

This is a no-deposit peace bond. Bradasch does not have to provide a deposit, but should he breach, the courts would come at him for $250.

The major bond condition is that Bradasch have no contact with his mother when he is drunk. He must also keep the peace and be of good behaviour.

Cozens said he did not have a problem with this agreement. He warned Bradasch that if he breached the order, he could be brought back to court on breach charges.

Bradasch and Allen ended up hugging at the end of the proceedings, hoping to move on and put the events of that September night behind them.

Stayed charges can be resurrected within a year at the Crown’s discretion.

Comments (3)

Up 17 Down 2

Twilight Zone on Jun 25, 2018 at 10:12 am

This guy can’t be jailed because the PC left wing crowd says his segment of the population is over represented in the penal system. Therefore it somehow becomes some other innocent persons problem the next time this guy gets all liquored up and decides to try and beat the s—— out of said person for no reason. If the person on the end of his fist next time happens to end up being a woman, then the same crowd who don't want him incarcerated will then turn around and blame the government for not doing enough to prevent violence against women.

Up 27 Down 0

woodcutter on Jun 23, 2018 at 10:22 am

dude, time to stop drinking.

Up 37 Down 4

My Opinion on Jun 22, 2018 at 4:40 pm

My Lord. If he is like that with his Mother when he drinks, how safe is everyone else.

"Not to be around her when he drinks" but I guess being around others is OK. What a Legal system we have. Need a change in the way we pander to people.

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