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Crown can't raise assault charge

Assault on mother isn't tied to her subsequent death

ODILE NELSON

Crown prosecutors will not raise a charge of simple assault against Lazarusie Qaqutuk to a homicide charge, because of insufficient evidence.

Qaqutuk was arrested June 13 for assaulting his mother, Lydia Emaruituk. Shortly after the assault, Emaruituk died.

Christian Leblanc, crown prosecutor for the case, formally charged Qaqutuk with assault on June 16.

At the time, Leblanc said he might raise the charge to manslaughter or murder after he received an autopsy report and further details from a police investigation.

But last week, Leblanc decided to keep the charge at simple assault, despite the short time between the two events, because the autopsy report did not link the assault to the subsequent death.

"It was more what the evidence wasn't. I would have needed more in order to establish beyond any reasonable doubt that he caused her death," Leblanc said.

"We know we charged him with an assault and we know she died. But in order to charge someone with murder I need to establish that there's a causality link between the two. I need to establish that with strong evidence and, in light of the information I received, I concluded with what I had, I could not authorize an additional charge."

Leblanc would not give additional details on the police investigation or the autopsy report. He would also not provide information on Emaruituk's cause of death, because the woman's health records remain confidential.

A murder charge carries a mandatory penalty of life imprisonment. If convicted of assault, Qaqutuk faces a maximum of five years in jail.

Qaqutuk was released, with certain conditions, on June 23. Leblanc said he believed Qaqutuk had returned to Puvirnituq.

Qaqutuk's alleged attack on his mother was the first of two violent incidents that took place in Puvirnituq over a 24-hour period three weeks ago.

On June 14, Kativik Regional Police officers arrested Levi Novalinga, 41, for shooting and killing a woman with a rifle. Novalinga is currently being detained in the South. His bail hearing is set for Sept 8. in Puvirnituq.

A press release issued by the KRPF shortly after the incidents said alcohol was involved in both deaths.

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