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The father of a convicted killer is in a Winnipeg court fighting an order requiring him to forfeit a $100,000 surety he posted as a type of collateral to get his 37-year-old son out on bail while awaiting trial.

Dennis Tymchyshyn broke down on the witness stand Thursday, saying he has no savings and no income because his family business was destroyed after his son was convicted of first-degree murder earlier this year.

Tymchyshyn says he's looking to change his name and leave the province.

However, under questioning from Crown lawyers, Tymchyshyn admitted he had read the document, knew what he was signing, knew of his son's criminal history and could have pulled his money off the table at any time if he had doubts.

The surety was posted in 2011 while Corey Tymchyshyn was on trial for killing Chad Davis, a cocaine dealer whose body was stuffed in a barrel and tossed in a Manitoba river.

While on bail, the younger Tymchyshyn was arrested on separate assault and drug charges, which are still before the court, leading another judge to order the father to forfeit the money.

The judge in the case has reserved her decision.

She can uphold the earlier order to forfeit the money, rule the father doesn't have to pay at all or decrease the amount owed.

Some in the legal community worry it could make the bail system look weak if people think they won't have to pay while others say it could make it hard for people facing serious charges to get bail if their relatives are scared to vouch for them.

Corey Tymchyshyn and co-accused Kristopher Brincheski are both appealing their murder convictions; both are serving life sentences with no parole for 25 years.

(CJOB)

This content appears as provided to The Globe by the originating wire service. It has not been edited by Globe staff.

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