Judge outlines bail conditions for child killer Phillip Tallio
Credit to Author: Keith Fraser| Date: Thu, 09 Jan 2020 21:02:15 +0000
A judge on Thursday outlined a number of conditions for the release on bail of Phillip James Tallio, who has been in jail for more than 36 years after being convicted of murdering a child.
On Wednesday, B.C. Court of Appeal Justice Elizabeth Bennett said she was going to order that Tallio, 54, be released on bail and provide reasons for the decision and details of the bail conditions on Thursday.
The judge said that she was satisfied that the John Howard Society, which operates a facility where Tallio can be moved after he is released from jail, can provide sufficient supervision of the offender to protect the public.
The residential facility, which cannot be named due to a publication ban, will provide supervision 24 hours a day for Tallio, who is alleging he was wrongfully convicted and is appealing his conviction.
Tallio will be released on a $10,000 recognizance with conditions of bail to include that he is to go directly to the facility upon release and abide by all of the facility’s rules and regulations and obey a curfew.
He is not to travel to Vancouver unless accompanied by a John Howard Society staff member and not go to several coastal B.C. communities including Bella Bella and Bella Coola. The restrictions also require him to stay in B.C. at all times.
Tallio was also ordered to not be in the presence of children under the age of 16 unless accompanied by an adult and to stay away from places where children are present, including schools and swimming pools.
Rachel Barsky, a lawyer for Tallio, said outside court that she expected that her client would be moved from prison to the facility later on Thursday.
Also on Thursday, the lawyers in the case appeared before another B.C. Court of Appeal judge to deal with issues surrounding the management of the appeal.
The Crown has several motions that need to be heard Jan. 20 before the anticipated five-week appeal can proceed March 30.
Tallio, then 17, pleaded guilty in 1983 to the second-degree murder of 22-month-old Delavina Mack in Bella Coola.
He became eligible to apply for parole in 1993 but did not do so, instead maintaining that he was innocent.
Tallio was initially denied bail last August but the judge invited him to re-apply if he could provide assurances that there would be enough supervision and structure upon his release. The Crown opposed his release.