Nathan VanderKlippe
Northern News Services

Yellowknife (Apr 26/02) - Kevin Michael Mulligan, of Fort Simpson, will serve a year in jail after defrauding a Hay River man of $9,500.

Mulligan's entire body shook visibly as he sat down and slumped over the defence desk after Territorial Supreme Court Justice John Vertes read the sentencing.

Mulligan, 50, had previously plead guilty to one charge of fraud in Fort Simpson court. The guilty plea came late in the trial when, according to the judge, Mulligan had backed himself into a corner with what appeared to be "blatant lies."

In his sentencing address, Vertes said Mulligan had conned Jim Maysenholder into a fake business transaction. Mulligan told Maysenholder he would arrange transportation of Snowcat vehicles from Ontario, where he would buy them from government surplus.

Maysenholder, who periodically works in Fort Simpson, would provide the initial capital, and once in the Northwest Territories they would sell the Snowcats for a profit.

To sell Maysenholder on the plan's authenticity, Mulligan forged documents with Ontario letterhead.

For his actions, Mulligan was sentenced to 12 months in jail, followed by 16 months probation. He must also make full restitution of the $9,500.

Defence attorney Glen Boyd had urged Vertes to hand down a 12- to 16-month conditional sentence.

To bolster his argument, he referred to the sentencing of Lena Cleary.

Territorial Supreme Court Justice Virginia Schuler sentenced the former Yellowknives Dene First Nation housing manager to two years less a day, to be served at home. She had defrauded and stolen $53,457 from the Yellowknives.

Boyd read sections of letters sent to the court in support of Mulligan.

One, from his common-law spouse, said he was "like an angel."

Prosecution attorney Sue Kendall petitioned for a sentence between 18 months and two years less a day.

Kendall made reference to Mulligan's previous record -- which includes a count of fraud for which he received six months in jail -- and emphasized the attention to detail involved in the fraud. This was not, she said, a product of happenstance. "This man, in my respectful submission, is a con artist, plain and simple," she said.

Before issuing the sentence, Vertes said, "In this situation, the degree of personal blameworthiness is obviously particularly high."

He then turned to Mulligan and told him, "You are a mature man, an intelligent one. I'm not going to lecture you any further."