Yellowknife (Mar 17/04) - A Yellowknife man has been ordered to stand trial on three charges, including manslaughter and criminal negligence causing death, in connection with the death of his wife.

Ian Adam Kirby, 59, was arrested by police and originally charged with second degree murder on Sept. 30, 2003, after his wife, Betsy Kalaserk-Kirby, was found dead in the couple's ground floor apartment in downtown Yellowknife.

During Kirby's preliminary hearing Friday morning, Crown attorney Loretta Colton withdrew the charge of second degree murder and replaced it with a charge of criminal negligence causing death.

Following the hearing -- which began Thursday afternoon -- territorial court Judge Brian Bruser also found there was enough evidence to commit Kirby to trial on manslaughter and failing to provide the necessities of life.

The latter section of the criminal code requires a man to provide things like shelter, food and medical care to his wife and children.

While Bruser committed Kirby to trial on the three counts, it's still up to the Crown's office whether or not they will pursue the charges.

"We'll review the evidence and make that decision in the coming weeks," said Colton, who had only asked for a committal on the charge of criminal negligence causing death.

Several members of Kalaserk-Kirby's family flew in from Rankin Inlet for the preliminary hearing, including her eight-year-old son and 17-year-old niece.

Son couldn't testify

The courtroom was closed to the public when Kalaserk-Kirby's son took the stand. Ultimately the youngster was unable to testify. A transcript of his video-taped statement to police was entered into evidence instead.

Outside of the courtroom, the eight-year-old kept relatives busy, running up the stairs and exploring the lobby area.

Following Friday's hearing, Kirby was remanded into police custody, while he waits for a trial date. Kirby has been in police custody since he violated his bail conditions on Nov. 29, 2003.