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In the Courts

June 13, 2003

Window of opportunity

Simeonie Tookalook, 22, of Sanikiluaq was sentenced to 17 months for break and enter, assault and failure to comply with a probation order.

Tookalook and a friend broke into Sanikiluaq’s RCMP exhibit room and stole a “large” amount of marijuana, four 40-oz bottles of vodka and some magic mushrooms on April 27, the court heard.

The men entered the building through an open window.

The break and enter was a violation of a probation order from a previous unrelated charge.

The assault charge was in relation to a separate incident. Earlier this year, Tookalook walked up to a man in Sanikiluaq and “without provocation” punched the man in the side head.


June 13, 2003

Beach fire under investigation

Iqaluit RCMP are asking for the public’s assistance after a fire damaged a boat and outboard motor near the Coast Guard building in lower base on the morning of June 6.

Anyone with information is asked to call Const. Graham Boswall at 975-4473.

The fire is being treated as arson.


June 13, 2003

Accused cop killer heads to trial in January

Salamonie Goo Jaw, the man accused of killing Const. Jurgen Seewald more than two years ago, will be tried for first-degree murder in Cape Dorset beginning Jan. 27, 2004.

Lawyers for Crown and defence agreed to the date during a court appearance last Thursday. The trial is expected to last three weeks. Justice John Vertes of Yellowknife will hear the case.

Seewald, 47, was gunned down in Cape Dorset while responding to a domestic dispute on March 5, 2001. He is the only RCMP V division officer to die in the line of duty since the creation of Nunavut.

Jaw, 49, has been in custody at Baffin Correctional Centre since the shooting.


June 13, 2003

Voices told him to stab sibling

Casey Nargyak, 19, of Gjoa Haven is not criminally responsible for the aggravated assault he unleashed on his older brother because of his mental disorder, Justice Beverley Browne ruled last week.

Browne’s finding was based on a recent psychiatric assessment. Discussion of the assessment in court did not disclose Nargyak’s specific diagnosis.

Nargyak stabbed his sleeping brother with a kitchen knife on March 23. The man survived the attack.

Nargyak heard voices the night he attacked his sibling, the court heard. He believed spirits had overtaken his brother and that the spirits wanted to hurt him.

The Nunavut Review Board – made up of a psychiatrist, a mental health worker and medical doctor – will determine which psychiatric hospital Nargyak will be sent to. The Ontario-based team is scheduled to hold a hearing in the next two months.

Review boards typically meet within 45 days of a person being deemed not criminally responsible.

“It may take longer,” Browne speculated.

In the meantime, Nargyak is being held at BCC awaiting the board’s recommendation, said lawyer Andy Mahar.


June 13, 2003

Judged by one’s peers

The Inuksuk High School Youth Justice panel assisted Justice Beverley Browne with youth court last week.

Members of the panel attend court throughout the school year and provide peer-based input. The grade 10 and 12 volunteers recommend probation conditions for youths charged with criminal but non-violent crimes.

• Two 15-year-old boys who broke into the youth centre at the Arctic Winter Games arena in Iqaluit in September 2002 received conditional discharges after pleading guilty to theft and break and enter. They were placed on probation for six months and ordered to perform 50 hours of community service work.

The youths, who cannot be named under the Young Offenders Act, gained entry to the locked room through the ceiling. They ransacked a vending machine and stole money from the cash box, the court heard.

One boy took $117. The other boy made off with $140 and chocolate bars.

A third youth who took $190 and six chocolate bars also faces charges. His case is still before the courts.

• A 16-year-old boy was sentenced to six months probation and ordered to perform 100 hours of community service for stealing $420 from a Snack restaurant delivery car.

The boy pinched the driver’s money pouch from the well-marked vehicle.

“It was all spent very quickly,” said defence lawyer Andy Mahar when asked if the money was returned. “[The theft] was purely opportunistic. He gave in to temptation.”

The panel recommended the youth apologize to the driver.

• An Iqaluit youth who stole a polar bear carving from an Iqaluit home received a conditional discharge. He was sentenced to 12 months probation and ordered to complete 20 hours of community service work.

The carving has not been returned to the owner.


June 13, 2003

More a grab than a choke, lawyer says

A 21-year-old man with an “astoundingly” long criminal record for his age was sentenced to nine months in jail after pleading guilty to three counts of assault.

Jimmy Evic of Pangnirtung assaulted the same woman three times between April 12 and May 1. Each time, he punched, slapped or kicked the woman. In one attack, the woman woke up to find Evic’s hands around her neck, Crown lawyer Ken Kehler said.

“It was more of a grab than a choke,” defence lawyer Andy Mahar countered.

Evic’s record includes six prior assault charges, six threatening charges and 11 breeches of probation and undertakings.

Kehler called the record “astounding.”


June 13, 2003

$100,000 drug bust tips the scales

Two Iqaluit men were charged with drug trafficking after police seized five pounds of marijuana from an Iqaluit business on May 15.

Cpl. Ken Goodine wouldn’t name the business. He said the drugs are worth an estimated $100,000. The bust was made after police received a tip from the public.

“It’s not the largest [seizure] since I’ve been here but it’s likely the biggest this year,” Goodine said.

Francois Stephane Gauthier, 28, and Jonathan Kaiser, 24, were arrested and released under conditions they remain in Iqaluit and report to the RCMP weekly.

Their next court date is July 7.


June 13, 2003

Taloyoak man presumed dead

Robert Marqniq of Taloyoak is missing and presumed to have drowned after the snowmobile he was driving disappeared through an ice crack on June 6.

The 41-year-old was returning to the Windy Lake mining camp 136 kilometres southwest of Cambridge Bay when he and his machine fell through a two-metre-wide hole in the sea ice. The crack was hidden by a pressure ride, police say.

Marqniq and a friend were returning to Windy Lake after a day of ice fishing.

Cambridge Bay RCMP and the Nunavut Emergency Measures Organization were called to the scene, about 100 kilometres from town. The missing man and his snowmobile were never recovered, said Sgt. Greg Peck.

“It’s an area with a very strong current,” Peck said. “There were no signs of life.”


June 13, 2003

Teens disrupt Happy Valley

Four Iqaluit teens brandishing pellet guns and shooting at houses in Happy Valley will not face criminal charges.

No one was hurt in the June 1 incident. One window was damaged. The matter will be handled by a restorative justice committee, said Cont. Mark Tindall.

 

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