Yellowknife (Apr 25/03) - Three NWT Court of Appeal justices have dismissed the appeals of two men convicted of beating and robbing a truck driver outside a downtown bar in December 2001.

On Nov. 28, NWT Supreme Court Justice Ted Richard convicted Darren Domkowsky and David Brownlee of robbery. He sentenced Brownlee to two-and-a-half years in prison and Domkowsky to two years.

During the trial, court was told the victim met the two men at the Gallery Bar on Dec. 5, 2001. He played pool with them, and offered them a one-day labour job.

The B.C. truck driver left the bar very intoxicated. Three men asked to see his truck, then beat and robbed him. He was kicked between 15 and 20 times and sustained serious injuries.

The man told police two of the men who attacked him were Darren and Dave who befriended him in the bar.

During the appeal hearing, held Wednesday, Brownlees lawyer, Graham Watt, argued the trial judge swept aside evidence about his clients alibi. Watt also said the victims memory was clouded by booze.

Days after the attack, the victim a his eyes virtually swollen shut a could not pick the men out of a photo lineup. Both Watt and Domkowskys lawyer, Michael Hansen, pointed to this, and added the man originally gave RCMP physical descriptions of his attackers that did not match.

Both men are aboriginal. The victim described Domkowsky as caucasian, with reddish or blond hair.

The lawyers suggested the victim was mixed up and the assailants could have been other people he met that night.

Speaking on behalf of the panel, Justice John Vertes said the trial judge properly considered the issues brought up during the appeal, including the alleged alibi.

He added the lawyers were asking the panel to retry the case, which is not the function of an appellate court.

Hansen also appealed his clients sentence. This was Domkowskys first criminal conviction. The panel subtracted a day from his sentence, which means he will serve not time in a federal prison.

Domkowsky was released on bail last Nov. 28, pending his appeal. He was taken back into custody 48 hours before his appeal.