HAILEYBURY, — The accused in the November 2024 attempted murder of Cobalt teen Kaylie Smith refused to make his scheduled appearance in video court on Tuesday from Central North Correctional Centre, where he remains incarcerated in maximum security.
During Tuesday morning's session, a correctional officer appeared on the screen in Haileybury court from CNCC in Penetanguishene, Ont., to inform Justice G.R. Maille that Phillip Gagnon, 18, of Haileybury, would not be present for court.
Gagnon stands accused of ramming Smith, his 16-year-old former girlfriend, with an SUV and attacking her with a sword in Cobalt. Gagnon was charged by the OPP with attempted murder, aggravated assault, and possession of a weapon for a dangerous purpose stemming from the attack on Smith on Nov. 3, 2024, in addition to the breach of a conditional sentence order charge and earlier, separate charges of assault and unlawful entry.
See related: Attempted murder charge laid in Cobalt after vehicle hits 16-year-old pedestrian
Police investigated the attack as a case of intimate partner violence. Smith survived after suffering life-threatening injuries. Her left hand was completely severed, and her right hand was severely damaged. She also needed 16 hours of brain surgery after suffering wounds to the back of her head. Smith continues what her family has said will be a long recovery.
Justice Maille issued a discretionary bench warrant as a result of Gagnon's refusal to attend the court proceedings, and counsel agreed to an April 29 return.
According to the Ontario Court of Justice website, a bench warrant with discretion is "a type of bench warrant that the police cannot execute before a specific date, meaning that the police are not authorized to arrest the person before that date. The person’s court matter may also be adjourned to that date, to allow an accused person a chance to appear in court. If the person appears before the court at that time, the warrant is cancelled."
Gagnon had been appearing virtually in the Haileybury Ontario Court of Justice on Tuesday mornings, as required, since November 2024, first from North Bay Jail, and then from CNCC since earlier this year.
The immediate Gagnon matter before the court is an allegation of a breach of conditions dating back to 2024. None of the allegations have been tested in court, and the accused is presumed innocent unless proven guilty.
See also: Prosecution of accused in Kaylie Smith attack a 'major case'
Crown attorneys David Kirk and Serge Hamel are the prosecuting attorneys. North Bay attorney Andrew Perrin is leading Gagnon's defence.
Gagnon's early virtual court appearances were met with protests in Haileybury from supporters of Kaylie Smith, who said they intended to keep the accused in jail.