Further assessment for accused killer, but preliminary hearing to be scheduled

A Tilbury man charged with murder requires a further fitness assessment, but there is a push to be prepared if the matter does proceed to trial.

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Ken Baylis, 34, made a brief appearance in a Chatham court by video link on Wednesday. He was charged with second-degree murder in April 2023 after Daniel Marchand was found dead in a Tilbury apartment.

Baylis previously has undergone an assessment of his fitness to stand trial, but court heard a further assessment is needed and Baylis is close to the top of the list for getting a bed at a psychiatric facility.

When a bed becomes available, court heard from duty counsel that Baylis’s lawyer, who was not present in court Wednesday, will work on getting a date before a judge to request an assessment order.

Justice of the peace Mary-Louise Cortese noted the matter is more than a year old and asked if Baylis has had a preliminary hearing yet.

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When she learned a hearing had not been held, Cortese asked the Crown if there was any comment about the delay.

“I think we have to assess whether this person is criminally responsible before we can start having contested hearings,” said assistant Crown attorney Paul Nielsen.

Citing the fact it appears Baylis is “going to imminently be assessed,” Nielsen said he didn’t have an issue with delay.

Noting the chief justice is asking matters to be set within six months, Cortese said she would like to see a preliminary hearing date set for Baylis.

The justice of the peace said some dates for preliminary hearings are set so far into the future, “the idea of ​​the chief justice, as I understand it is, these items will be sorted out before that date arrives.

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“Should the need for the date be, we’ll have the date, should that not be (needed) then you can cancel the date,” she said.

The matter was adjourned to Dec. 4 with Baylis being remanded into custody.

A publication ban is in place on evidence heard during the pre-trial phase of the case.

According to previously published reports, Chatham-Kent police found Marchand’s body in a Dufferin Street apartment complex in Tilbury on April 26, 2023.

Marchand, who hadn’t been seen since April 15, was reported missing four days later, police have said.

Police have said the coroner’s office was contacted and began a death investigation. That led to a post-mortem that determined the preliminary cause of death was homicide.

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