Bail denied to one of two Grimsby brothers facing Hamilton murder charge
One of two brothers awaiting a new trial for the murder of ex-Hells Angels biker Lou Malone has been denied bail.
Mato Josipovic, 54, was denied bail in a written decision released May 5 by Superior Court Justice Toni Skarica.
Details of the hearing, include the judge's reasons for denying bail, cannot be reported because of a publication ban.
The decision follows a number of high-profile bail applications in recent weeks, including those in other homicide cases. The bail hearings are being heard amid concern about the spread of COVID-19 in detention centres. One inmate at the Hamilton-Wentworth Detention Centre has tested positive for the virus. However, there are currently no confirmed cases at the jail.
In December 2015, Mato Josipovic and his brother John Josipovic were convicted of second-degree murder in the shooting death 49-year-old Malone, two years earlier. They were charged with first-degree murder but a jury found them guilty of second-degree murder. Both were sentenced to life in prison, without eligibility for parole for 13 years.
On July 31, 2019, the Ontario Court of Appeal overturned the murder convictions and ordered a new trial. The court quashed the convictions after finding errors in the trial judge's instructions to the jury.
During the five-week trial in 2015, the court heard about Malone being chased down in a truck and shot point-blank with a shotgun on a Kenilworth Avenue North sidewalk. Both brothers testified that John fired the shots.
They had known Malone since childhood in east Hamilton. As young men both Josipovic brothers had been in and out of trouble, but had settled down in Grimsby and hadn't been in trouble for years.
Malone was a Hells Angels member before being forced out and heading a gang called Ruthless. Court heard his victims often feared going to police.
The conflict between the brothers and Malone began when John Josipovic loaned money to an acquaintance who turned out to be in Malone's gang. The trial heard that John agreed to forget the debt after speaking with Malone, but Malone demanded a $9,200 tax and John was assaulted and threatened.
Malone then called Mato who, unaware of the extortion attempts against his brother, agreed to meet with Malone. At this meeting Malone threatened Mato, imposed a tax" on him and put a gun to his chest, court heard.
Mato fled and called his brother John for help. Together they went to look for Malone and found him out walking his dogs. The trial heard that Malone threatened John and his family. The shotgun was fired and Malone fled. When they caught up with Malone he was shot in the head at close range.
Only Mato, and not John, applied for bail.
The decision to deny bail follows recent decisions in other, unrelated, high-profile cases where bail was granted. This includes bail being granted to Jabril Abdalla, who awaits trial on two counts of first degree murder in the mob-related slayings of Angelo Musitano and innocent bystander Mila Barberi; and former Hamilton police detective Craig Ruthowsky, who is appealing his conviction and 13-year sentence after being convicted of bribery, attempt to obstruct justice, criminal breach of trust and trafficking cocaine.
Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com