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Court delays put teacher’s life on hold

Travel mix-ups delay trial

SARA MINOGUE

CAMBRIDGE BAY — A teacher accused of sexually assaulting a student almost a year ago has had his case adjourned by the circuit court for the fifth time.

Dave Wiseman, a teacher, was charged with sexual assault against a student in April 2004. As a result of the charge, he lost his job.

This week, Wiseman traveled to Cambridge Bay from Nova Scotia, his home province, where he had returned in search of work. The Nunavut Court of Justice was supposed to pay his travel expenses, but through an oversight, this hadn’t occurred.

The trial was supposed to proceed on Tuesday morning at circuit court in Cambridge Bay this week, but was delayed when the crown prosecutor informed the court that one of five crown witnesses, the investigating RCMP officer Nathan Mackay, could not be present for the proceedings.

Mackay was on vacation this week, but had planned to be in Cambridge Bay in time for the latter half of trial week. He went to the Winnipeg airport on Tuesday morning at 5 a.m. to pick up a plane ticket purchased by the Nunavut Court of Justice, but learned that payment had not been received, and that the ticket could not be released.

Defense counsel Euan Mackay made a lengthy speech asking for a speedy resolution for his client. Justice Earl Johnson agreed that the matter should proceed without the witness.

“I was embarrassed as a judge last time, trying to explain to Mr. Wiseman why this was delayed for the fourth time,” Johnson said.

On Tuesday afternoon, however, Mackay changed his tune, arguing that the case could not proceed without the RCMP officer who he now referred to as a “material witness.”

The defense lawyer also said he found it “most unusual, very strange” that Cst. Mackay was not present, and hinted that the Crown was responsible for the oversight.

He claimed, on the last circuit, he had made an undertaking asking for the constable to be present at this session. He then asked that the matter be dismissed, on the grounds that Wiseman had now gone two years without resolution.

Crown prosecutor Doug Johnson reminded the court that the charges were not two years old, but less than a year old. He recalled the previous sitting differently, and said he had not received a request to present the witness until last weekend.

Justice Johnson agreed with Johnson’s version of events, and agreed to adjourn the case until April 25, where “this matter will be a top priority for the next circuit.”

Johnson also instructed the court clerk to reimburse Wiseman for his traveling expenses.

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