No answers yet in 'embarrassing' accidental release of man accused of attempted murder

The circumstances surrounding the accidental release of a London man following a virtual court appearance from the jail where he was being held on attempted murder charges are still under investigation, with some calling the mistake embarrassing and concerning.

London police issued a public alert on Aug. 1, warning residents that Cody Anthony Leblanc Ashe, 28, was at large and dangerous, after he was released from the Elgin Middlesex Detention Centre (EMDC) the day before.

Court documents show Leblanc Ashe, who is accused in a shooting that seriously injured one person outside an east London community housing complex in Oct. 2024, had entered a not-guilty plea and requested a jury trial the day he was mistakenly released.

CBC News confirmed with the Solicitor General's office that he had been at the jail when he was let go.

Leblanc Ashe was re-arrested by police on the evening of Aug. 2, in an undisclosed location outside of the city.

"It's always concerning when you learn of situations like this," said Janet Laverty, who represents the union that includes employees at EMDC.

"I have confidence in the individuals that work at [EMDC], that they followed the processes and procedures. Ultimately, the error, in my understanding, doesn't lie with the institution."

The Ministry of the Solicitor General called the error "unacceptable" and said it is investing the circumstances of the release.

"My hope is that the accountability lands where where it belongs, and my understanding is that the accountability actually doesn't lie with the frontline staff at [EMDC]," Laverty said.

London-based defence lawyer Lakin Afolabi said he'll be watching for the results of the province's investigation.

"I'm sure they want to get to the bottom of this, because it's rather embarrassing that this happened," Afolabi said. "You expect people to perform better."

He said he would expect a prompt investigation given the potential ramifications of the accidental release of someone considered a danger to the public.

"Having people at large who are potentially guilty, and may be a risk to the public, is not great for our citizens," Afolabi added, noting that Leblanc Ashe has not yet been tried by the court.

Both Laverty and Afolabi said that in their experience, incidents of people being accidentally released from custody are uncommon. But they're not unheard of.

CBC Hamilton found that 11 inmates had been accidentally released over a two year period ending in 2023. The public was only made aware of one instance.

Afolabi said that he would advise clients that find themselves in the position of being accidentally released to turn themselves in as soon as possible.

"In other cases where people are awaiting [bail], if you turn yourself in, you could argue that someone is less of a flight risk," he said. That's why it's a good idea to turn yourself in if you're wanted."