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In the Courts
July
25, 2003
Judge calls rape "repulsive"
A man who raped a disabled female relative will spend nine months under house
arrest after pleading guilty to sexual assault and sexual interference.
The 41-year-old Iqaluit man forced himself on the girl on May 15. The attack
came after she disclosed a previous sexual attack to the man in confidence.
Crown lawyer Ken Kehler called the rape a breach of trust and said the girl,
who is under the age of 14, was vulnerable because "of her mental deficit."
The girl's mother filed a victim impact statement. The statement said the girl's
speech is slower and her moods more volatile since the attack.
Alcohol was not a factor in the assault.
The accused, who cannot be named because it may identify the victim, is an
Ed Horne survivor, defence lawyer Greg Nearing said.
Justice Earl Johnson said the abuse suffered at the hands of Horne, a convicted
pedophile, was a significant reason for granting a conditional sentence in lieu
of jail time.
Even so, Johnson called the rape "repulsive."
"Maybe [getting caught] will be the catalyst to get the help you need,"
Johnson said.
The conditional sentence will be followed by two years of probation. Probation
conditions include a 10-year firearm prohibition, no contact with the victim
and providing a mandatory DNA sample.
July
25, 2003
Man ordered to bring future wives to court
Kyle Douglas Amegainek, 20, was sentenced to 18 months in jail after pleading
guilty to assault with a weapon.
Amegainek viciously beat a woman with a broom handle, belt buckle and his fists
on Jan. 13. The woman suffered extensive blunt force bruising and abrasions
to her head, face, chest, arms and legs.
"You're lucky it wasn't worse," Justice Robert Kilpatrick told Amegainek.
The assault came a week after Amegainek was released from jail for assaulting
the same woman.
After reviewing Amegainek's 23 previous convictions, including eight assault
charges against girlfriends, Kilpatrick added a condition to Amegainek's two-year
probation order.
He cannot marry or live with a woman until she is brought before a judge and
told of his criminal record. Breaching the order is a criminal offence.
"Time has run out. You must change and you must change for the better,"
Kilpatrick said.
The order is the first of its kind in Nunavut, according to Nunavut Court of
Justice records.
July
25, 2003
Apex man charged with assault
Kenneth MacFarlane, 43, faces one count of assault with a weapon and one count
of assault causing bodily harm after an alcohol-fueled brawl in Apex on July
17.
The victim was treated for head wounds at Baffin Regional Hospital and released.
MacFarlane remains in custody after a show cause hearing this week. His next
court appearance is on Aug. 6.
July
25, 2003
Accused assailant remains in custody
Chris Dederick will remain in custody at the Baffin Correctional Centre after
his bail request was denied on July 18.
Dederick, 33, faces a count of aggravated assault in connection with a beating
in Iqaluit that sent Dale Pearce, 50, to hospital with head injuries.
Justice of the Peace Bill Riddell rejected Dederick's release request based
on his failure to follow past court orders.
"Is he at risk of breaching his conditions? Yes, [his court] record says
there is a risk and I cannot ignore the record," Riddell said.
Pearce died a week after the beating. The Crown expects to raise the charge
to manslaughter following the results of the autopsy, the court heard. The autopsy
is expected to be complete in September.
A no-contact order between Dederick and his girlfriend was lifted at the bail
hearing.
Dederick's next court date is Sept. 9.
July
25, 2003
Man assessed for cognitive impairment
Soudloo Josephie, 30, will undergo neurological testing this month to determine
if he was cognitively impaired when he assaulted two people in 2001.
Josephie, who has a re-occurring brain tumor, has pleaded guilty to two assault
charges. However, before sentencing, Justice Robert Kilpatrick requested the
department of justice dedicate two corrections workers to accompany Josephie
South for doctors' appointments.
Defence was asked to ensure Josephie's upcoming appointments include neurological
testing to determine if the tumor caused cognitive impairment.
Josephie's next court date is Sept. 22.
July
25, 2003
Missing man found safe but skinny
An Iqaluit man missing for three weeks is back at home.
Dean Aula, 25, went missing on June 26. He showed up on July 19 walking along
the Road to Nowhere. Police said he survived on the land by eating berries and
drinking stream water.
The reason for Aula's absence was not criminal, police said.
"Everyone is entitled to go where they wish. However, we recommend you
let someone know where you're going when you're on the land," said Const.
Chris Coles.
Aula was taken to hospital and examined. He was later released. Friends and
family say Aula looked significantly thinner upon his return.
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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