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April Irving

April Irving to leave jail after prior addressing “mistake” prevented her release for two weeks

May 24, 2019 | 1:47 PM

LETHBRIDGE, AB – “Give me a break,” said April Irving as she listened to the new address where she will be living presented in Lethbridge Provincial Court Friday, May 24.

The 59-year-old, who is facing 14 counts involving cruelty and neglect to animals, appeared via CCTV from the Lethbridge Correctional Centre exactly two weeks after she was initially supposed to be released.

The reason given for her continued incarceration? An incorrect address unknowingly given to the court by her lawyer Bjoren Wolkmann just after one application to ban the media and the public from the courtroom, and another – to place a publication ban on the name of her surety, along with the address where she and her surety will reside – were denied by Judge Derek Redman.

Crown Prosecutor Tyler Raymond told the court there was some question as to whether the incorrect address given in open court Friday, May 10, was a misrepresentation, accidental, negligent or intentional. He told Judge Redman he wanted the matters brought back before him to sort out the circumstances “on the record.”

Defense lawyer Bjoern Wolkmann told the court the mistake was his fault, and that he relied on the address provided by the surety without double checking it. In fact, an address initially provided to the court in the Town of Milk River, was the surety’s son’s address, rather than his own.

“It does look like I’m trying to hide the address from the press,” said Wolkmann.

“For the record,” he continued, “that was not my intention at all.”

Wolkmann then provided a written statement from Irving to Judge Redman, indicating that she did not advise him to give a wrong address.

Redman accepted the submission and Wolkmann’s explanation, calling it a “lesson.”

However, Redman asked both the Crown and Defense why it took two weeks to deal with the error?

“Why has she been sitting in custody for two weeks?” he asked.

Raymond told the judge correspondence from the judge’s office indicated that May 24 was the earliest possible day to deal with the matter, and that he too was not prepared to deal with Irving’s release after the court proceedings had already concluded.

“The matter should have been brought back to me on that day,” said Redman. “It should have been rectified sooner.”

Irving herself appeared to be crying as the judge spoke with both lawyers, with her hands covering part of her face.

The new address was then read out in court, however, as it was read, coughing erupted in the court, while Irving herself spoke out loud for the first time during the proceedings.

Rather than living in the Town of Milk River as previously indicated, Irving will now live at a rural address in the County of Warner. The same conditions imposed on her two weeks ago, including not owning or possessing any pets, still applies.

A Pre-Trial Conference is expected to take place on her matters Monday, May 27.

Case History

Irving has so far pleaded guilty to one count of failing to appear and was sentenced to 30 days time served.

In early 2016, a warrant was issued for her arrest, after she ignored two orders to appear in court. Saskatchewan RCMP released a photo of a person they believed was Irving in late 2016, and she was spotted in Jamaica in 2017.

She was located by RCMP in Stonewall, Manitoba in January 2019 and returned to Lethbridge to face her outstanding charges.

A recent psychiatric assessment was completed at the Southern Alberta Forensic Psychiatry Centre, the results of which found that she was not likely suffering from any mental illness at the time of the alleged offences and that she is fit to stand trial.

Irving was charged with animal cruelty in early 2015, after 201 dogs were seized from her property near Milk River, along with five more that were found dead.

The dogs were discovered starving, dehydrated and chained to stakes in a yard.