Hearing to determine if Yarmouth County man facing 34 charges can be released from custody adjourned to June 5


Published on May 18, 2017

There was a heavy police presence at the Tinkham Road in Yarmouth County on May 12. An arrest was made and an individual is facing numerous charges.

©Carla Allen

YARMOUTH, N.S. – A scheduled showcause hearing for a Yarmouth County man facing 34 charges has been adjourned to June 5.

Until that time David Lloyd Gordon Benjamin, 41, will remain in custody.

Benjamin was charged with numerous offences after RCMP responded to what they’ve called a “high risk” call on May 12.

The showcause hearing, which is a proceeding to determine if a person can be released from custody while their matter is before the court, was to have been held the morning of May 18.

But Benjamin’s lawyer Alex Pink said although his client remains in custody, he was unavailable for the hearing.

“As Your Honour is well aware, Mr. Benjamin is currently in custody with correctional officers at the Yarmouth Regional Hospital, he was not able to be here today,” Pink told the judge. “I have spoken to him on the phone several times this morning and he’s agreed to consent to his remand to June 5.”

Pink said there will be ongoing discussions between the Crown and defence happening between now and then.

Benjamin was charged with 34 Criminal Code counts following an investigation that involved a heavy police presence on the Tinkham Road on May 12.

The majority of charges Benjamin faces – 23 of them – are firearms related. He is also charged with counts of assault, sexual assault and unlawful confinement. Most of the allegations list May 12 as an offence date, but some of the charges before the court have a date range of between April 1 and May 12.

Benjamin made a brief court appearance on May 15, but that was only to adjourn the matter to the March 18 date.

The weapons charges before the court include counts of careless use of a firearm, possession of a firearm, unauthorized possession of a firearm, storage-related charges and possession of a prohibited weapon.Weapons identified in the court charges are listed as a 20-gauge pump action shotgun, a semi-automatic rifle, a .303 calibre bolt action rifle and a .45 calibre pistol.

Two other charges before the court are allegations of possession for the purpose of trafficking.

The accused is not to have any contact with two individuals identified in court documents.