Puisne Judge Charlesetta Simmons has ruled that a convicted sex offender failed to provide evidence to support his claim that wearing an ankle bracelet would cause him pain.
In a Supreme Court ruling on Monday, Justice Simmons ordered Junius Caines, 50, to wear the electronic monitoring device, now that he has served his time after he was convicted for committing a serious sexual assault of a worman he attempted to rape.
Caines was released from prison in June, when he objected to wearing the monitoring device, claiming he had “bad pains” that as a result of a leg injury that could be worsened by wearing an ankle bracelet.
He also argued that the device emits “radiation”.
But Justice Simmons said: “He has failed to provide any evidence that the court can use to find the EMD is harmful to his health.”
As a result, she ordered Caines to be fitted with the device, that he now must wear until he clears probation.
He was sentenced to three years imprisonment for the attack, which occurred outside the victim’s home in the City of Hamilton, and five years on a supervision order.
Lawyer Saul Dismont appeared for Caines and Nicole Smith appeared for the Crown.