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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 Qaunirqs 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.
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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 teachers 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 its a horrible place these days," Browne said.
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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.
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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 Korgaks
limited income.
A seven-person panel from
Inuksuk high schools 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 panels recommendations
are not legally binding but were an exercise in peer-based sentencing.
Korgak consented to the
panels participation.
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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 Akuklukjuks file. A hearing date has not been
set.
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November 8, 2002
Fathers drinking
blamed for sons 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.
"Hes still not
getting the message about staying out of peoples 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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