THUNDER BAY – A woman charged with murdering her cousin late last year had previously been sexually assaulted by the victim.
That was among the evidence presented to the court during a two-day contested bail hearing challenging an automatic detention order for Monica Spence, which wrapped up on Tuesday at the Thunder Bay Courthouse.
Monica Spence, 45, is one of two people charged with second-degree murder that left 62-year-old Richard Spence dead in his Secord Street apartment in the early morning hours of Dec. 21, 2014.
Her lawyer, Christopher Watkins, said Richard Spence had been convicted of sexually assaulting Monica Spence in 2007.
“We also heard the evidence before the court that there’s a suggestion the night this unfortunate death happened there had been another sexual assault against her by the same person,” Watkins said outside the courthouse after the hearing.
Daniel Debassige, who was dating Monica Spence at the time, has also been arrested and charged. His lawyer, Francis Thatcher, has yet to file a bail application.
Watkins and Crown lawyer David MacKenzie presented a multitude of evidence to the court over the course of the hearing.
When asked by Justice Douglas Shaw, both Watkins and MacKenzie declined to seek a publication ban, an unusual move at this stage of the proceedings.
Watkins is advocating for Monica Spence to be granted bail to live with her sister in Hamilton, where she would receive treatment for alcohol addiction. It would also remove her from lifestyle struggles in Thunder Bay, where she had spent time living on the streets.
Watkins called three of her sisters to testify with all saying they would assist with the rehabilitation process as well as supervision.
“Right now it’s essentially a 24-hour house arrest plan with very good surety and people around her to protect the public,” Watkins said.
MacKenzie argued bail should not be granted and Monica Spence should remain in custody at the Thunder Bay Correctional Centre.
Crown evidence included testimony from a Thunder Bay Police Service investigator, who provided details about the night of the killing as well as the subsequent investigation.
The court heard that Monica Spence has a lengthy history with police, specifically a number of liquor-related offences over the past 18 years.
MacKenzie asserted she is a significant risk to relapse and poses a risk to the public if she begins drinking again.
The move to Hamilton also comes with safety concerns, as he said there would likely be less scrutiny there than what she would experience in Thunder Bay.
Watkins said he anticipates a significant time elapsing before the case potentially reaches trial.
“If it gets that far we could be looking at three years under the present system,” he said.
“To sit in custody with this set of facts and this type of background would be very difficult. You would serve a significant period of time in custody before ever getting to trial and that’s not right.”
The decision to grant bail is expected to be delivered on March 17.
