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In The Courts
March 14, 2003
Former cabbie launches
appeal
An Iqaluit cab driver who
lost his operating licence after a judge sentenced him to 22 days in jail for
bootlegging wants another day in court.
Luis Antonio Martinez,
52, is appealing his conviction for two counts of illegal liquor sales and breach
of probation.
The sentence was to be
served intermittently so Martinez, a former Baffin Correctional Centre employee,
could start a weekend cleaning business.
Court records filed by
defence lawyer Euan Mackay argue the sentence was unjust and that the court
acted outside its jurisdiction.
Martinez was found guilty
of selling a 66-ounce bottle and a 40-ounce bottle from his Apex home on two
different occasions in 2001.
His next court date is
set for April 10.
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March 14, 2003
Nanulik MLA back in court
James Arvaluk was to return
to court this week for a second trial to face charges of assault causing bodily
harm involving his former girlfriend in Coral Harbour.
The trial was ordered after
the Crown successfully appealed Justice Howard Irving’s not-guilty verdict
in 2001. Arvaluk, MLA for Coral Harbour and Chesterfield Inlet, is accused of
punching Sophie Sangoya in 2000 in what Irving called a "mutually consentual
brawl."
Justice John Richard overturned
Irving’s acquittal based on errors in fact and law.
The new trial was scheduled
for March 13 and 14.
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March 14, 2003
Iqaluit man acquitted of
assault
Timothy Soucie, 20, was
found not guilty of common assault following a brief trial in Iqaluit this week.
Soucie was arguing with
Anita Curley at his Iqaluit apartment on Dec. 13, 2001. But he said he didn’t
lay a hand on Curley except to guide her out of the apartment.
Curley offered a different
account of the evening. She said Soucie slapped her across each cheek and pushed
her — an attack she said prompted her to leave the apartment.
When considering the conflicting
testimonies, Justice Robert Kilpatrick said he could not in "good conscience"
find Soucie guilty.
"It would be dangerous
to convict on the strength of what I heard," Kilpatrick said.
The trouble began sometime
after midnight on Dec. 13 when Soucie’s former girlfriend approached the
couple, the court heard. The jealous ex-girlfriend, enraged at the sight of
Soucie with another woman, threw Curley to the ground but then walked away.
Curley, annoyed by the
unprovoked attack, demanded to know about Soucie’s relationship with the
ex-girlfriend. A fight ensued between the couple and ended when Curley left
the apartment to file a complaint with the RCMP.
Curley now lives in Hall
Beach.
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March 14, 2003
Trial date set in child
porn case
James Andrew Paton, 34,
heads to trial June 18 to face charges of sexual assault, sexual interference
and possession of child pornography.
Paton has already pleaded
guilty to one count of possession of child pornography. Sentencing is set for
April 22.
The Criminal Code of Canada
defines child pornography as any written or visual material depicting children
under the age of 18 in a sexual manner.
The code defines sexual
interference as the unwanted sexual touching of a child under the age of 14.
The two sets of charges
were laid against the Iqaluit resident a year ago.
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