by by P.J. Harston
Northern News Services

NNSL (Feb 03/97) - A former chairman of the Yellowknife chapter of Alcoholics Anonymous has been convicted of viciously beating his common-law wife in Hay River while in a drunken, drug-induced rage.

But 45-year-old Frank Albert LeMouel won't be going to jail, even though territorial court judge Thomas Davis sentenced him to 12 months for assault causing bodily harm.

Under new conditional sentencing provisions passed by Ottawa last fall, LeMouel will be under strict conditions, but not behind bars.

If he breaks a condition, a judge could order him jailed for the remainder of the sentence.

"The main objective of a sentence is to have the accused not commit further offences," said Davis in Yellowknife last Tuesday. "Retribution is not a necessary result of sentences, so long as our objectives are maintained in rehabilitating the accused and deterring others."

LeMouel must remain within the North, unless granted permission to travel, participate in counselling and abstain from alcohol for four months. He must also pay a $900 fine.

Crown lawyer Sandra Aitken, who opposed the conditional sentence, told court that on May 4, 1996, LeMouel and his wife were driving to their Hay River home from a town bar when he accused her of taking his money.

"He got angry and then back-handed her without warning," said Aitken.

After arriving, LeMouel threw his wife into the apartment, breaking several of her ribs.

Once inside, he ripped off his wife's shirt and bra and repeatedly beat her head and knees with a hair brush while grabbing and pulling her hair.

"Because of the injuries she received from the beating, incarceration of the accused is necessary," said Aitken. She suggested LeMouel be jailed for between six and nine months.

LeMouel has one previous conviction, an assault in 1969 for which he received six days in jail.

Defence lawyer Lloyd Stang agreed with a conditional sentence.

"A jail term is appropriate, but it's appropriate that this offender be allowed to serve his sentence in the community," said Stang.

Court heard that LeMouel, who was living with his wife in Hay River at the time, is a former personnel and staffing manager with the GNWT, a former federal employment officer, former chairman of the Yellowknife Health Board and former chairman of the Yellowknife chapter of Alcoholics Anonymous.

"Four months before the incident he began testing -- the word my client used for it -- alcohol again," said Stang.

LeMouel has also suffered from migraines for 20 years and was taking a combination of prescription migraine medication and valium when he went drinking with his wife that night.

Stang added that since the incident, LeMouel has been seeing counsellors and clergy on a weekly basis and is on a waiting list to see a mental health specialist.

"He has been a productive member of our society for many years," said Stang. "He deserves one more shot, one more chance at rehabilitation."

Said LeMouel during the sentencing hearing: "I have no knowledge of that evening ... I couldn't believe it was me, to act like that even if I was quite drunk. I hope this never happens again."

LeMouel and his wife have been living together in Yellowknife since shortly after the May incident.