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In The Courts

November 8, 2002

Accused prowler fit to stand trial

A 32-year-old Iqaluit man accused of entering two apartments in Iqaluit and sexually violating one woman on March 26 has pleaded guilty to sexual assault.

Crown lawyer Michael Jones accepted Michael Qaunirq’s guilty plea to the assault, and dropped two charges of break-and-enter.

Before the Crown presents the facts surrounding the case, Jones wants to review a victim impact statement.

Qaunirq has been in custody at the Baffin Correctional Centre since his arrest in March. His next court date is scheduled for Nov. 20.

A recent psychiatric assessment at the Alberta Hospital in Edmonton determined Qaunirq was fit to stand trial if the matter had gone to trial.

TOP


November 8, 2002

Time served goes toward shortening sentence

Attachie Ashoona, 21, of Cape Dorset was sentenced to two months in jail after pleading guilty to break and enter.

Ashoona admitted to being one of five people who illegally entered a teacher’s home once between June 21 and Aug. 18. The teacher was away on summer holidays.

Stolen were a VCR, portable stereo, acoustic guitar and 70 CDs.

Crown lawyer Michael Jones requested a four to six month sentence "to show citizens that the court denounces" such behavior.

In handing down her sentence, Justice Beverley Browne noted the one-month Ashoona had already spent in custody.

"Jail should only be used as a last resort, especially under the circumstances at the jail. I hear it’s a horrible place these days," Browne said.

TOP


November 8, 2002

Accused man has no lawyer

Three months after Mosesee Nakashook was arrested in connection with the stabbing of an Iqaluit man, he is still without a lawyer.

Nakashook, 32, was scheduled to plea to one count of aggravated assault on Nov. 5. The matter was adjourned until Nov. 20 because Nakashook, for reasons not specified in court, still does not have a lawyer.

Justice Beverley Browne noted the delays and told Nakashook to call legal services every week until a lawyer is assigned to his case.

TOP


November 8, 2002

Teen justice panel participates in sentencing

Eelow Korgak, 24, received a $300 fine and was ordered to perform 24 hours of community service after pleading guilty to drug possession.

The Rankin Inlet resident was arrested on Aug. 28 for being drunk. When police took him to the cells, Korgak was found to have 19 baggies of marijuana.

Korgak is a hunter who supports his wife and two children from the land, the court heard.

Crown asked for a $600 fine. Defence lawyer Brad McIsaac asked for a fine less than $600 given Korgak’s limited income.

A seven-person panel from Inuksuk high school’s youth advisory committee were invited to suggest a penalty. After hearing the facts and deliberating for 30 minutes, the group recommended a $300 fine and 24 hours of community service.

The panel’s recommendations are not legally binding but were an exercise in peer-based sentencing.

Korgak consented to the panel’s participation.

TOP


November 8, 2002

Homeless man back in custody

Aaron Phillip Akuklukjuk, 20, is back in custody after being charged in connection with break and enter.

Akuklukjuk already faces 20 counts of break and enter dating back to December 2001 when he was homeless. He was released from remand custody on Oct. 21 after three months in jail. The Oqota emergency shelter offered him a place to stay while the matter was before the courts.

The most recent alleged break and enter is a violation of the conditions of his release. A bail hearing was set for Oct. 6.

A restorative justice committee is scheduled to resolve Akuklukjuk’s file. A hearing date has not been set.

TOP


November 8, 2002

Father’s drinking blamed for son’s probation breach

Jay Evalik, 20, received a sentence of two months and two weeks in jail after pleading guilty to break and enter.

Evalik was on probation on Oct. 17, 2002 to keep the peace when he forced his way into a Cambridge Bay home.

"A woman sleeping at home awoke to a loud bang and found [Evalik] in the house. She told him to leave and he did," said Crown lawyer Michael Jones.

Ten days prior to the incident Evalik had been released from custody in connection with another incident.

"He’s still not getting the message about staying out of people’s homes," Jones said.

Evalik was under a curfew to stay at home at the time of the incident.

However, Evalik stood before the judge and expressed frustration at trying to stay sober when people around him drink.

Evalik lives with his parents. His mother leaves the house if his father drinks liquor, the court heard.

"Your mother is a strong lady. I hope you can get strength from her," Browne said.

Brown included a recommendation that Evalik attend a substance abuse program in Kuujjuaq, Nunavik, as part of his sentence.

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