Murder suspect from TO loses bid to have trial moved out of 'vermin' infested Sudbury jail

Prince Almando Graham of Toronto is charged with first-degree murder. (Supplied)

A man charged with a 2022 murder on Manitoulin Island will be tried in Sudbury, after a judge rejected arguments from the defence that Toronto or North Bay would be more convenient for his client.

Prince Almando Graham is charged with first-degree murder in the shooting death of Brandan Brooks in the First Nation community of M’Chigeeng.

Ten weeks have been set aside of his trial, which is set to begin Jan. 13, 2025.

However, Graham was originally charged along with five other suspects, all of whom have had their cases dealt with. The trial is expected to take much less time.

While the judicial district for the trial is Gore Bay, that community doesn't have a jail.

"The Sudbury District Jail, where prisoners are normally held for matters arising in the Manitoulin District, is approximately a 2 ½-hour drive from Gore Bay," the court decision said.

The established legal principle is that trials should be held in the community where the offence took place. But in this case, the Crown and the defence agree that Gore Bay is not the best venue for the trial because it would require the accused to travel five hours a day.

The defence argued the trial should be held in Toronto, which is Graham's home.

"He argues he needs to be close to family and counsel in Toronto for support and to properly prepare for his trial," the court decision said.

Graham also complained about conditions at the Sudbury jail, where he is "sleeping on the floor and has been the subject of physical attacks and threats."

"He further states the jail is infested with vermin, the water is unfit to drink and as a Muslim, he is not provided with culturally appropriate meals," the decision said.

Toronto jail is 'reasonably serene'

"He submits only Toronto and the jails located there can provide him with a 'reasonably serene environment' in which his trial can take place."

If Toronto is rejected, Graham said the trial should take place in North Bay "where he has had a more positive experience in the local jail."

The Crown argued the trial should take place in Sudbury, as the closest available community to where the crime took place.

"It would also, the Crown argues, accommodate the accused’s need to meet with counsel during the trial," the decision said. "For example, the Greater Sudbury Police Service can accommodate counsel visits within the courthouse on trial days."

In his ruling, Regional Senior Justice Patrick J. Boucher said valid reasons for moving a trial include factors such as difficulties in getting an impartial jury because of graphic media coverage.

"There is no evidence in this application that the accused cannot have an impartial jury in Sudbury," Boucher said.

"I am not persuaded the accused’s stated pre-trial conditions and distance from his family and his counsel’s office impair his fair trial interests. The accused’s bare assertions about the conditions and his safety in the Sudbury District Jail are not supported by any other evidence on this application."

And just because the accused would prefer North Bay "does not tip the scales in favour of moving the venue to another judicial district."

Witnesses would have to travel even farther from Manitoulin Island to attend, he said. Equally concerning is the fact that North Bay couldn't accommodate a five-week murder trial until 2026.

"For these reasons, the accused’s application is dismissed and the Crown’s application is granted," Boucher said.

"I accordingly order the trial on the indictment shall take place in Sudbury, in the Northeast Region."

Read the full decision here.