|
In The Courts
May
2 , 2003
Kabvitok faces first-degree murder charge
The homicide charge against Allen Kabvitok, 35, laid in connection with the
March 9 strangulation death of Donna Kusugak in Rankin Inlet, has been raised
to first-degree murder.
The Whale Cove resident was originally charged with second-degree murder.
However RCMP say "further review of all relevant evidence and following
consultation with the federal department of justice" prompted them to raise
the charge to first-degree murder.
Kabvitok's next court appearance is May 21.
May 2 , 2003
Polaris mine owners
charged for fuel spill
Teck Cominco Ltd., the company that owns the former Polaris mine, faces three
Fisheries Act charges in connection with the discharge of several thousand litres
of diesel fuel into fish-inhabited water, court records say.
The charges were laid in relation to spills alleged to have originated in June
2002 from the company's tank farm on Little Cornwallis Island – two months
before the mine closed.
"There are various estimates as to the volume, as high as 10,000 litres,"
said John Cliffe, a Vancouver-based lawyer representing the Crown.
"[Teck Cominco] has a different view as to how much was spilled,"
he said.
The two sides are scheduled to appear in court in Iqaluit on July 16.
"It's anticipated there will be a guilty plea [by Teck Cominco] and sentence
submissions on that day," Cliffe said.
Polaris, once the world's most northern zinc and lead mine, shut its doors
in August 2002 after 20 years of operation.
May 2
, 2003
Former Cambridge Bay
lawyer apologizes to RCMP
Accusations of professional misconduct and conduct unbecoming of a barrister
and solicitor against Scott Barron, a former Cambridge Bay legal aid lawyer,
were dismissed by the Law Society of Nunavut on April 25 in Iqaluit.
The complaint, made by the RCMP under the Legal Professional Act, was dropped
by the society's disciplinary committee, mediated by Neil Sharkey, on condition
that Barron apologize to the RCMP.
Baron removed a client's police statement from the Cambridge Bay RCMP detachment
in March 2001. The client, a male youth, gave the statement without Barron being
present and without Barron's consent, the disciplinary hearing heard.
The statement "upset" Barron, who, for undisclosed reasons, took
the statement home with him.
"[Barron] admits it showed very poor judgment," said Robert Gorin,
Barron's lawyer.
RCMP inspector Dan Fudge made the complaint against Barron. Barron has since
moved South to practise law.
Barron returned the statement at the request of the RCMP. His apology was also
made at the request of the RCMP.
Barron never faced disbarment – only a note of reprimand on his file if
the complaint had been upheld.
May 2
, 2003
Arctic "Cowboy"
lassoes year in jail
Mosesee Nowdluk, 37, was sentenced to a year in jail for arson and assault
charges dating back to May 2001.
Nowdluk – known as "Cowboy" to friends – torched an Iqaluit
apartment after becoming enraged over a stolen bottle of bootleg booze. He also
assaulted a woman by slapping her when she refused to give him money.
A jury found Nowdluk guilty on both counts last fall. He was sentenced on April
24.
Justice Robert Kilpatrick called the blaze a "wanton, impulsive and reckless
act" in revenge for the stolen bottle of liquor.
Damage to the apartment was estimated at $50,000.
"It was only good luck and not good planning that no one was injured,"
Kilpatrick said.
Before delivering the sentence, Kilpatrick noted Nowdluk's refusal to take
part in any treatment or rehabilitation programs during his two years of pre-trial
custody.
The missing liquor was one of several bottles Nowdluk bought by selling stolen
goods, the court heard. A charge of break-and-enter laid against him is still
before the courts.
May 2
, 2003
Former Iqaluit deputy
mayor makes news in Yellowknife
Mathew Spence, a former Iqaluit city councillor and deputy mayor, found himself
back in the news after being convicted of two counts of assault and fined $600,
according to court records in Yellowknife.
The former Iqaluit resident found his son's stolen bike at the city's skateboard
park in September 2002. Spence then questioned some kids in the park. Unhappy
with Spence's line of questioning, the kids banded together, yelled at him and
threw a rock at his vehicle.
In retaliation and fearing for his safety, Spence pushed one teen boy and punched
another male youth, the court heard.
The Yellowknifer newspaper called the incident a "schoolyard skirmish"
and quoted judge Robert Halifax as saying he did not believe Spence's claim
of self-defence.
May 2
, 2003
Two men arrested in
theft at Pangnirtung co-op
Pangnirtung RCMP have arrested two men in connection with an April 20 break-and-enter
at the community's co-op store.
"A substantial sum of money was reported to be missing," an RCMP
press release says. The majority of the money was recovered during the investigation
that led to the arrests, the press release adds.
Jimmy Nowdlak, 20, of Pangnirtung was charged with break-and-enter, theft,
escaping lawful custody, breach of probation and damage to property related
to the vandalism of a police vehicle on March 31.
Joanasie Papatsie, 27, also of Pangnirtung, was charged with break-and-enter,
theft and breach of probation.
Both men will appear in court on April 25 for a show-cause hearing.
May 2
, 2003
Escaped inmate a free
man again
Jerry Harry Papatsie, 31, is a free man – this time legally – after
pleading guilty to escaping lawful custody and receiving credit for the three
weeks he spent at the Baffin Correctional Centre after his re-arrest.
Papatsie, who still faces two sex charges, bolted from the Iqaluit courthouse
by snowmobile on March 17.
He escaped after a show-cause hearing, during which a justice of the peace
ordered him to stay in custody until his next court date.
Papatsie faces one count of sexual assault and one count of sexual interference.
He returns to court June 2 to deal with those two charges.
Papatsie fled by snowmobile and was at large for two weeks until police found
him hiding in an Iqaluit residence on April 1. He was in remand custody at BCC
until his guilty plea and sentencing on the escaping lawful custody charge on
April 24.
Papatsie, who maintains his innocence in connection with the sexual assault
charges, panicked at the prospect of going to jail, defence lawyer Brad MacIsaac
said.
"He reacted without thinking. It was a lapse in judgment," MacIsaac
said.
TOP
| 
Nunavut 99
