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Arvaluk must face new trial

Nanulik MLA James Arvaluk must face a new trial on a charge of assault causing bodily harm, the Nunavut court of appeal ruled this week.

Justice Howard Irving found Arvaluk not guilty of the offence on June 20, 2001, after a trial in Iqaluit. The charge was laid Aug. 26, 2000, when Arvaluk's former girlfriend, Sophie Sangoya, complained to police that Arvaluk had beaten her up after a drinking party at his home in Coral Harbour.

In the first trial, the Crown produced evidence showing that Sangoya suffered a bloodied face and two gashes requiring 14 stitches to close.

But Irving acquitted Arvaluk, saying the couple had engaged in a "mutually consensual brawl."

After the Crown appealed Irving's decision before Justice Ted Richard on March 6, 2002, Richard overturned the acquittal. Saying that Irving made several errors in fact and in law, Richard ordered that Arvaluk get a new trial.

Arvaluk's lawyers then launched their own appeal - which sought to overturn Richard's decision.

On Sept. 18, after hearing an aggressive hour-long submission from Arvaluk's new lawyer, Hugh Latimer of Yellowknife, a panel of three appeal judges upheld Richard's decision.

All three judges said they agreed with points Richard made when he found Irving had erred in law: that "mutual consent" is not a valid defense in cases of domestic violence, and that any possible lack of intent to injure on Arvaluk's part is not a valid defense against a charge of assault causing bodily harm.

Christine Gagnon, a Crown prosecutor, said Arvaluk will soon receive a summons requiring his appearance at a new trial on the charge. A date for that trial has yet to be set.

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