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In the Courts

July 18, 2003

Cambridge Bay woman beaten with broom for hours

Kyle Douglas Amegainek, 20, of Cambridge Bay, awaits sentencing after pleading guilty this week to assault with a weapon.

Amegainek used a broom and his fists to beat a Cambridge Bay woman for several hours from the evening of June 3 into the morning of June 4. Alcohol was not a factor.

The woman suffered extensive cuts and bruising to her head, face, chest arms and legs, but no broken bones.

Crown lawyer John Solski called the attack "prolonged and persistent."

"She lost track of the number of blows at 20," Solski said.

The beating came one week after Amegainek was released from jail after serving time for assaulting the same woman.

Solski requested Amegainek not be given credit for the four weeks served in pretrial custody since his arrest, in part because of his prior criminal record.

Defence lawyer Greg Nearing countered Solski's request saying, "He has a lot of related convictions, but he's not on the high end of the scale. He has a lot of offences but he's not the worst offender."

Amegainek's sentencing was set for July 17.


July 18, 2003

Man with brain tumour never assessed

A neurological assessment holds the key to the behaviour of a Kimmirut man with a brain tumour who is facing assault charges.

The man, who admits assaulting two people, may not be criminally responsible for his actions because of the brain tumour.

Soudloo Josephie, 30, hit his wife and a co-op manager on two separate occasions in 2001. In both cases, he lashed out after little or no provocation from the complainants, the court heard.

After his arrest, Josephie was diagnosed with a brain tumour. He underwent surgery and chemotherapy.

The tumour came to the court's attention this past Tuesday, when Josephie entered guilty pleas to the two-year-old assault charges.

However, Justice Robert Kilpatrick refused to sentence the man until a neurological assessment is performed.

"I'm concerned his tumour may have affected his behavior. Surely we should be doing something about his [medical] condition," Kilpatrick said.

When asked why an assessment wasn't ordered sooner, Greg Nearing said Josephie had already entered guilty pleas - a move that superseded ordering tests.

The assessment will determine if Josephie is criminally responsible for his actions.

The matter was to return to court July 17.


July 18, 2003

Former MLA awaits sentencing

Former Nanulik MLA James Arvaluk is set to be sentenced on Sept. 16.

Arvaluk was found guilty of assault causing bodily harm related to an incident in August 2000 in Coral Harbour.

The verdict was made on June 16. Arvaluk resigned four days later.

Residents in Coral Harbour and Chesterfield Inlet go to the polls to elect a new MLA for the constituency on Sept. 2.

Arvaluk has said he is taking the summer off, but has not ruled out a return to politics.

 


July 11, 2003

Man accused in girl's murder makes brief court appearance

The Iqaluit man accused of killing 13-year-old Jennifer Naglingniq last year made a brief court appearance in Iqaluit this week.

Mark King Jeffrey, 22, faces one count of first-degree murder in connection with the teen's death.

On July 8, Jeffrey arrived in Iqaluit from Ottawa to set a date for a preliminary inquiry. However, lawyers for the Crown and Defence said they need more time before a date for the inquiry is set.

Jeffrey's next court date is Sept. 9.

Naglingniq was found dead in her Iqaluit home on Dec. 6. Police have never said how the youth died.


July 11, 2003

Show-cause hearing set for man accused of aggravated assault

Chris Dederick, 33, will return to court July 18 for a show-cause hearing.

Dederick faces one count of aggravated assault in connection with the beating death of Dale Pearce in Iqaluit.

Pearce, 50, suffered severe head injuries in a residential brawl on May 24. He was transferred to Ottawa where he died a week later.

A show-cause hearing will decide whether Dederick will remain in custody or be released into the public while his charge is before the court.


July 11, 2003

Crash and enter

Eliyah Jonah, 29, was sentenced to two years less a day after pleading guilty to a string of break and enter, theft and forgery charges.

Jonah paid himself close to $20,000 in forged cheques. The cheques were stolen from Narwhal Plumbing, the Francophone Association and Baffin Flowers and Gifts over the past two years.

Jonah also stole two vehicles and rammed them into the Iqaluit Liquor warehouse this past February. Once inside the building, he took 24 bottles of alcohol. The RCMP have since seized the booze.

Concrete barriers were placed in front of the warehouse deter similar incidents, the court heard.

Jonah blamed alcohol for his problems and apologized for his behavior.

 

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