A Supreme Court justice has returned a passport to a man facing sex charges so he can travel to a country with no extradition treaty during the Christmas holidays.
Justice B. McKenzie granted the application to Graham Maxmenko in Nanaimo Supreme Court on Monday, Dec. 10, provincial prosecutor Christina Proteau said.
Maxmenko will be out of country from Dec. 18, 2012 to Jan. 18, 2013, travelling to the Dominican Republic. Justice McKenzie ordered him to surrender his passport as soon as he returns to Canada. McKenzie also ordered Maxmenko to pay a $15,000 surety as part of the arrangement, Proteau said.
Maxmenko was charged in March with one count each of sexual assault and sexual interference, both charges involving a minor in Port Alberni.
The Crown viewed Maxmenko as a flight risk because he lived on his yacht in the Lower Mainland and was a frequent traveller.
He was released from custody and was ordered to surrender his passport, to remain in Canada and to pay a $10,000 surety. His trial is set to start in February 2013, Proteau said.
On Monday, the Crown argued that Canada has no extradition treaty with the Dominican Republic, therefore Maxmenko shouldn’t be allowed to leave. The Crown won the same argument in Port Alberni Provincial Court last March, Proteau said.
Maxmenko’s lawyer Peter Wilson countered that Maxmenko had abided by all of his bail conditions and McKenzie granted the request.
On the Debit Credit website, Graham Maxmenko is listed as the founder of Debit Credit Canada in 2005. The multi-million dollar company provides broker services and debit/credit card machines to businesses.