Demitry Papasotiriou-Lanteigne (“Papasotiriou”) and his lover, Michael Ivezic (“Ivezic”), were found guilty of first degree murder in the death of Allan Lanteigne (“Lanteigne”) last June following a lengthy trial. Both were sentenced to life imprisonment with no parole eligibility for 25 years.
It was alleged that the Papasotiriou and Ivezic were having an affair and conspired to kill Papasotiriou’s spouse in order to access the victim’s $2 million life insurance policy. We previously blogged about this case on June 7, 2018.
Papasotiriou is appealing his conviction and alleges that the jury’s verdict was unreasonable because it was based on circumstantial evidence. The Court of Appeal has recently granted Papasotiriou bail pending his appeal.
PAPASOTIRIOU’S BAIL HISTORY
Papasotiriou was born in Greece and came to Canada at the age of 11 after his parents split up. As a young man, he attended university and law school, and was called to the Ontario Bar. He is currently 38 years old.
Papasotiriou left Canada in 2010 to live in Greece. Ivezic followed Papasotiriou to Greece and lived with him for six months in 2010, prior to returning to Canada in January of 2011. Lanteigne was killed on March 3, 2011. Ivezic returned to Greece on May 14, 2011 to live with Papasotiriou.
Papasotirou returned to Canada on November 1, 2012 to participate in litigation regarding the proceeds of his deceased spouse’s insurance policy. He was arrested the next day.
Papasotirou applied for bail in August 2013, but was denied. He re-applied in November 2013 and provided an improved plan of release to the Court. He was again denied.
On September 11, 2014, Papasotirou was discharged following a preliminary inquiry. However, the Crown immediately launched a certiorari application (a formal request to a court challenging a legal decision alleging that the decision has been irregular or there has been an error of law) and a direct indictment was ordered on October 28, 2014, at which point Papasotirou was arrested.
Papasotirou again applied for bail, which was granted. He was released on a $400,000 recognizance with his mother, sister, and stepfather acting as sureties (person who promises to a judge to supervise an accused person while they are out on bail and pledges an amount of money). He remained out on bail for 3 ½ years with no compliance issues.
At the Court of Appeal, counsel for Papasotiriou proposed a plan for release pending his client’s appeal as follows:
- $500,000 recognizance with his mother, stepfather, and stepfather’s mother as sureties;
- strict house arrest with very narrow exceptions; and
- GPS ankle bracelet to be monitored by Recovery Science Corporation (funded by Papasotiriou).
GROUNDS FOR GRANTING BAIL PENDING APPEAL
Pursuant to section 679(3) of the Criminal Code, a judge of the appeal court may order an appellant released pending appeal if he/she has established the following:
- That the appeal is not frivolous;
- That he/she will surrender into custody in accordance with the terms of any bail order; and
- That the detention is not necessary “in the public interest”.
The “not frivolous” test is a very low bar, and in Papasotiriou’s case the Crown did not suggest to the Court that the appeal is frivolous.
The Crown did, however, argue that Papasotiriou has not discharged his onus to surrender into custody given his ties to Greece. The Court of Appeal, rejected the Crown’s argument on this ground, and held that Papasotirou’s compliance with his pre-trial bail order was “flawless” and the use of electronic monitoring will provide an “extra layer of assurance against absconding”.
The Court stated:
I accept that, standing alone, Mr. Papasotiriou’s connections to Greece may give pause for concern. However, any lingering concerns about flight are answered by his history of bail compliance and the strict release plan that is proposed. Accordingly, I am satisfied that the applicant will surrender into custody in accordance with his bail order.
The Court of Appeal outlined that there are two components which make up the third provision (public interest) to consider in granting bail pending an appeal. These include public safety and confidence in the administration of justice. The Supreme Court of Canada addressed the provision regarding the “public interest” in the case of R. v. Oland. The judicial discretion to grant bail pending appeal involves balancing enforceability (taking into account the gravity of the offence, the circumstances surrounding its commission, and the potential length of imprisonment) and reviewability interests (taking into account the strength of the grounds of the appeal).
The Crown conceded that Papasotiriou has proven that he will not commit offences if he is released on bail, thus discharging the onus of the public safety component. However, the Crown did take issue with maintaining public confidence in the administration of justice.
The Court of Appeal ruled in favour of Papasotiriou and held:
The “public interest” requires that I balance all of these factors – the circumstances of the applicant, the nature of the offence, the apparent strength of the appeal, and the time it will take to argue the appeal – to determine whether public confidence in the administration of justice would be undermined by Mr. Papasotiriou’s release on bail.
The Court of Appeal maintained that Papasotiriou was not being “turned loose”, but rather carefully monitored in accordance with a stringent release plan (i.e. house arrest, GPS electronic monitoring, and the pledge of $500,000 by his sureties), which is consistent with the proper functioning of the Canadian justice system. Therefore, the Court allowed Papasotiriou’s application and granted him bail pending his appeal.
We will continue to follow any developments in this case as it makes its way through the judicial system and will provide updates in this blog.
In the meantime, to speak with an experienced criminal defence lawyer about charges laid against you or your legal rights, please contact Affleck & Barrison LLP online or at 905-404-1947. We offer a free consultation and are available to help you 24 hours a day, 7 days a week.